City

of
Niagara Falls, New York

Zoning Ordinance
Adopted July 24, 2009
Amended
October 4, 2010 | October 18, 2010
December 13, 2010 | November 14, 2011
May 2, 2012 | July 23, 2012
October 15, 2012 | February 4, 2013
April 17, 2017 | March 25, 2020
July 15, 2020 | April 14, 2021
September 15, 2021
 TABLE OF CONTENTS

Page No.

1300 ADMINISTRATION ........................................................................................................................... 2

1301 GENERAL PROVISIONS ..................................................................................................................... 2
1301.1 PURPOSES.................................................................................................................................. 2
1301.2 SHORT TITLE............................................................................................................................... 2
1301.3 EFFECTIVE DATE .......................................................................................................................... 2
1301.4 EFFECT ON EXISTING LAWS ........................................................................................................... 2
1301.5 SEPARABILITY ............................................................................................................................. 3
1301.6 ALL INCLUSIVE PROVISIONS........................................................................................................... 3
1301.7 PERMITS, LICENSES, CERTIFICATES, AUTHORIZATIONS TO CONFORM ................................................... 3
1301.8 INTERPRETATION ......................................................................................................................... 3
1301.9 INTERPRETATION ZONING DISTRICT BOUNDARIES ............................................................................. 4
1301.10 ENFORCEMENT ........................................................................................................................... 5
1301.11 AMENDMENTS .......................................................................................................................... 10
1302 ZONING ADMINISTRATION ............................................................................................................ 12
1302.1 VARIANCES .............................................................................................................................. 12
1302.2 SPECIAL PERMIT ........................................................................................................................ 13
1302.3 BOARD OF APPEALS PROCEDURES ................................................................................................ 14
1302.4 AMENDMENTS .......................................................................................................................... 15
1303 DEFINITIONS .................................................................................................................................. 20
1303.1 GENERAL PROVISIONS ................................................................................................................ 20
1303.2 LIST OF DEFINITIONS .................................................................................................................. 20
1304 RESERVED ...................................................................................................................................... 35
1305 RESERVED ...................................................................................................................................... 35
1306 RESERVED ...................................................................................................................................... 35
1307 RESERVED ...................................................................................................................................... 35
1308 RESERVED ...................................................................................................................................... 35
1309 REGULATIONS FOR SIGNAGE ......................................................................................................... 36
1309.1 PURPOSE ................................................................................................................................. 36
1309.2 APPLICABILITY .......................................................................................................................... 36
1309.3 SIGN PERMITS .......................................................................................................................... 37
1309.4 SIGN PERMIT APPLICATIONS ....................................................................................................... 38
1309.5 REVIEW PROCEDURES ................................................................................................................ 39
1309.6 MEASUREMENT ........................................................................................................................ 41
1309.7 SAFETY AND PROVISIONS ............................................................................................................ 42
1309.8 DESIGN AND CONSTRUCTION ...................................................................................................... 43
1309.9 LOCATION ................................................................................................................................ 43
1309.10 ILLUMINATION .......................................................................................................................... 44
1309.11 MAINTENANCE AND REPAIR ........................................................................................................ 44
1309.12 REMOVAL OF SIGNS ................................................................................................................... 44
1309.13 SIGNS AUTHORIZED WITHOUT A PERMIT ...................................................................................... 45
1309.14 PROHIBITED SIGNS .................................................................................................................... 47
1309.15 REGULATIONS BY ZONING DISTRICT .............................................................................................. 48

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 1309.16 REGULATIONS BY TYPE ............................................................................................................... 50
1309.17 BILLBOARDS ............................................................................................................................. 53
1309.18 DIGITAL SIGNS .......................................................................................................................... 54
1309.19 NONCONFORMING SIGNS ........................................................................................................... 55
1309.20 DEFINITIONS............................................................................................................................. 56
1310 DISTRICTS ...................................................................................................................................... 60
1311 DISTRICTS AND BOUNDARIES ........................................................................................................ 61
1312 RESIDENTIAL DISTRICTS ................................................................................................................. 62
1312.1 DESCRIPTIONS AND PURPOSE ...................................................................................................... 62
1312.2 ALLOWED USES ........................................................................................................................ 63
1312.3 BULK AND DENSITY STANDARDS .................................................................................................. 63
1312.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 65
1313 COMMERCIAL DISTRICTS ............................................................................................................... 66
1313.1 DESCRIPTION AND PURPOSE ....................................................................................................... 66
1313.2 ALLOWED USES ........................................................................................................................ 67
1313.3 BULK AND DENSITY STANDARDS .................................................................................................. 68
1313.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 68
1314 DOWNTOWN DISTRICTS ................................................................................................................ 70
1314.1 DESCRIPTION AND PURPOSE ....................................................................................................... 70
1314.2 ALLOWED USES ........................................................................................................................ 71
1314.3 BULK AND DENSITY STANDARDS .................................................................................................. 71
1314.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 72
1315 INDUSTRIAL DISTRICTS .................................................................................................................. 77
1315.1 DESCRIPTION AND PURPOSE ....................................................................................................... 77
1315.2 ALLOWED USES ........................................................................................................................ 77
1315.3 BULK AND DENSITY STANDARDS .................................................................................................. 77
1315.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 78
1316 OPEN SPACE DISTRICT ................................................................................................................... 79
1316.1 DESCRIPTION AND PURPOSE ....................................................................................................... 79
1316.2 ALLOWED USES ........................................................................................................................ 79
1316.3 BULK AND DENSITY STANDARDS .................................................................................................. 79
1316.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 79
1317 INSTITUTIONAL DISTRICT............................................................................................................... 81
1317.1 DESCRIPTION AND PURPOSE ....................................................................................................... 81
1317.2 ALLOWED USES ........................................................................................................................ 81
1317.3 BULK AND DENSITY STANDARDS .................................................................................................. 81
1317.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 81
1318 NEGOTIATED PLANNED DEVELOPMENT (NPD) DISTRICT ............................................................... 83
1318.1 DESCRIPTION AND PURPOSE ....................................................................................................... 83
1318.2 ALLOWED USES ........................................................................................................................ 83
1318.3 BULK AND DENSITY STANDARDS .................................................................................................. 83
1318.4 ADDITIONAL REGULATIONS AND STANDARDS................................................................................. 83
1319 OVERLAYS ..................................................................................................................................... 85
1319.1 WATERFRONT OVERLAY ............................................................................................................. 85

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 1319.2 DESIGN DISTRICT OVERLAY ......................................................................................................... 86
1319.3 URBAN RENEWAL AREAS............................................................................................................ 96
1319.4 AIRPORT PROTECTION OVERLAY .................................................................................................. 96
1320 CITY-WIDE REGULATIONS .............................................................................................................. 99
1321 DISTRICT EXCEPTIONS ................................................................................................................. 100
1321.1 ROOM RENTAL TO NON-TRANSIENT GUESTS ............................................................................... 100
1321.2 UTILITY - PUBLIC ..................................................................................................................... 100
1321.3 UTILITY - PRIVATE ................................................................................................................... 100
1321.4 HOME OCCUPATIONS .............................................................................................................. 100
1321.5 TELECOMMUNICATIONS FACILITY - EXEMPT ................................................................................. 101
1321.6 PROJECTIONS - HEIGHT ............................................................................................................ 102
1321.7 PROJECTIONS – SIDE, REAR, FRONT YARD ................................................................................... 103
1321.8 PROJECTIONS – PORCHES ......................................................................................................... 103
1321.9 CORNER LOT SIGHT TRIANGLE ................................................................................................... 103
1321.10 ACCESSORY BUILDINGS ............................................................................................................ 103
1321.11 FENCE HEIGHTS....................................................................................................................... 104
1321.12 SIDEWALK PATIO REQUIREMENTS .............................................................................................. 105
1322 LANDSCAPING, SCREENING AND BUFFER REGULATIONS ............................................................. 107
1322.1 PURPOSE ............................................................................................................................... 107
1322.2 APPLICABILITY ........................................................................................................................ 107
1322.3 PLANNING BOARD DISCRETION ................................................................................................. 107
1322.4 GENERAL REQUIREMENTS ......................................................................................................... 107
1322.5 LANDSCAPED YARD REQUIREMENTS ........................................................................................... 108
1322.6 SCREENING AND BUFFER........................................................................................................... 108
1322.7 SURFACE PARKING LOTS ........................................................................................................... 109
1322.8 MAINTENANCE ....................................................................................................................... 110
1323 SUBDIVISIONS / AMALGAMATION .............................................................................................. 111
1323.1 GENERAL PROVISIONS .............................................................................................................. 111
1324 SITE PLAN REVIEW ....................................................................................................................... 113
1324.1 PURPOSE ............................................................................................................................... 113
1324.2 BASIC REQUIREMENTS ............................................................................................................. 113
1324.3 PRE-APPLICATION CONFERENCE PROCEDURES ............................................................................. 113
1324.4 SITE PLAN SUBMISSION REQUIREMENTS ..................................................................................... 114
1324.5 REIMBURSABLE COSTS ............................................................................................................. 122
1324.6 BUILDING PERMIT ................................................................................................................... 122
1324.7 PERFORMANCE BOND, OTHER SECURITY ..................................................................................... 122
1324.8 ENFORCEMENT AND INSPECTION OF IMPROVEMENTS .................................................................... 122
1324.9 AS-BUILT SURVEY ................................................................................................................... 123
1324.10 INTEGRATION OF PROCEDURES .................................................................................................. 123
1324.11 EXPIRATION OF APPROVAL........................................................................................................ 123
1325 PARKING AND LOADING .............................................................................................................. 124
1325.1 INTENT .................................................................................................................................. 124
1325.2 PARKING AND LOADING PROVISIONS .......................................................................................... 124
1325.3 EXISTING STRUCTURES ............................................................................................................. 124
1325.4 CHANGE OR EXPANSION OF USE ................................................................................................ 124
1325.5 NEIGHBORHOOD AND TRADITIONAL COMMERCIAL DISTRICTS EXISTING COMMERCIAL STRUCTURE
EXEMPTION ..................................................................................................................................... 124

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 1325.6 PARKING DISTRICTS ................................................................................................................. 124
1325.7 MINIMUM OFF-STREET PARKING REQUIREMENTS ........................................................................ 125
1325.8 MAXIMUM ALLOWABLE NUMBER OF SPACES (DOES NOT APPLY TO D1 DISTRICTS) ........................... 127
1325.9 PARKING DIMENSIONAL REQUIREMENTS ..................................................................................... 127
1325.10 LIMITATIONS, LOCATION, USE OF FACILITIES ................................................................................ 128
1325.11 PARKING FOR DISABLED PERSONS ............................................................................................. 129
1325.12 VARIANCE .............................................................................................................................. 129
1325.13 LOADING ............................................................................................................................... 129
1326 ENVIRONMENTAL QUALITY REVIEW ............................................................................................ 132
1326.1 TITLE, AUTHORITY, PURPOSE AND INTENT. .................................................................................. 132
1326.2 DEFINITIONS........................................................................................................................... 132
1326.3 GENERAL RULES. ..................................................................................................................... 133
1326.4 TYPE I ACTIONS. ..................................................................................................................... 134
1326.5 TYPE II ACTIONS. .................................................................................................................... 134
1326.6 INITIAL REVIEW OF ACTIONS AND ESTABLISHING LEAD AGENCY....................................................... 134
1326.7 REFERRALS. ............................................................................................................................ 134
1326.8 DETERMINING SIGNIFICANCE. .................................................................................................... 134
1326.9 SCOPING................................................................................................................................ 134
1326.10 PREPARATION AND CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS. ........................................ 134
1326.11 DRAFT ENVIRONMENTAL IMPACT STATEMENT PUBLIC HEARING. .................................................... 134
1326.12 GENERIC ENVIRONMENTAL IMPACT STATEMENTS. ........................................................................ 135
1326.13 DECISION-MAKING AND FINDINGS REQUIREMENTS. ..................................................................... 135
1326.14 DOCUMENT PREPARATION, FILING, PUBLICATION AND DISTRIBUTION.............................................. 135
1326.15 FEES AND COSTS. .................................................................................................................... 135
1326.16 ACTIONS INVOLVING A FEDERAL AGENCY. ................................................................................... 135
1326.17 CONFIDENTIALITY. ................................................................................................................... 135
1326.18 PRIOR REVIEW........................................................................................................................ 136
1327 NON-CONFORMING USES, BUILDINGS AND LOTS ........................................................................ 138
1327.1 NON-CONFORMANCE DEFINITIONS ............................................................................................ 138
1327.2 GENERAL PROVISIONS.............................................................................................................. 138
1327.3 REPAIRS, MAINTENANCE AND ADDITIONS ................................................................................... 139
1327.4 NON-CONFORMING STRUCTURES .............................................................................................. 139
1327.5 USE OF NON-CONFORMING LOTS .............................................................................................. 140
1327.6 NON-CONFORMING LOTS MUST BE ADJOINED ............................................................................ 140
1328 SPECIAL PERMIT REQUIREMENTS ................................................................................................ 142
1328.1 PARKING, COMMERCIAL ........................................................................................................... 142
1328.2 MOTOR VEHICLE SERVICE AND REPAIR – MINOR OR MAJOR .......................................................... 142
1328.3 TOURISM AND SIGHTSEEING-ORIENTED ...................................................................................... 143
1328.4 GROUP LIVING ........................................................................................................................ 143
1328.5 KENNEL OR CATTERY ................................................................................................................ 154
1328.6 TELECOMMUNICATION FACILITY................................................................................................. 156
1328.7 ADULT USE ............................................................................................................................ 159
1328.8 BED AND BREAKFAST ............................................................................................................... 160
1328.9 RECREATION, COMMERCIAL OUTDOOR ....................................................................................... 160
1328.10 FUNERAL HOME ...................................................................................................................... 160
1328.11 MANUFACTURING, LIGHT ......................................................................................................... 160
1328.12 CAMPER PARKS ...................................................................................................................... 161
1328.13 SHORT TERM RENTAL UNITS ..................................................................................................... 161

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 SCHEDULES

SCHEDULE 1: USE TABLE

SCHEDULE 2: DESIGN DISTRICT

SCHEDULE 3: URBAN RENEWAL AREAS

SCHEDULE 4: WATERFRONT OVERLAY DISTRICT

SCHEDULE 5: SETBACK REQUIREMENTS

SCHEDULE 6: MAXIMUM BUILDING HEIGHTS

SCHEDULE 7: NIAGARA COUNTY APPLICATION REFERRALS

SCHEDULE 8: OFFICIAL ZONING MAP

SCHEDULE 9: STATE/FEDERAL WETLANDS & FLOOD ZONES

SCHEDULE 10: SIGHT TRIANGLES

SCHEDULE 11: FENCE IN RESIDENTIAL DISTRICT

SCHEDULE 12: SETBACK REQUIREMENTS

SCHEDULE 13: MAXIMUM BUILDING HEIGHTS

SCHEDULE 14: AIRPORT OVERLAY ZONE

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1
 1300 ADMINISTRATION

1301 GENERAL PROVISIONS

1301.1 Purposes

There is hereby established a Zoning Ordinance for the City of Niagara Falls, N.Y. (hereinafter
the "City"), which is set forth in the text, map, and schedule contained herein. This Zoning
Ordinance is adopted for the purposes set forth in paragraphs 24 and 25 of Section 20 of the New
York State General City Law, and more particularly for the protection and promotion of the
public health, safety and welfare in the following manner:

A. Guiding the future development of the City in accordance with the Comprehensive Plan,
as it may be duly amended from time to time, by regulating land use in a manner
designed to enhance the relationships between and among residential, commercial,
industrial and open space areas.

B. Protecting and enhancing the character and the social and economic stability of each of
such areas and encouraging their orderly and beneficial development.

C. Protecting and conserving the value of land throughout the City and the value of
buildings appropriate to the various districts established by this Zoning Ordinance.

D. Bringing about the gradual conformity of the uses of land and buildings throughout the
City with the provisions, purposes and intent of the Comprehensive Plan, as amended,
and this Zoning Ordinance, and minimizing conflicts among the uses of land and
buildings.

E. Promoting and guiding the efficient provision of public facilities and services, and for
private enterprise in building development, investment and other economic activity
relating to the uses of land and buildings throughout the City consistent with the public
policies articulated in the Comprehensive Plan, as amended.

1301.2 Short Title

This local law shall be known and may be cited as the "Niagara Falls Zoning Ordinance", and
hereinafter referred to as Zoning Ordinance.

1301.3 Effective Date

This Zoning Ordinance shall take effect on July 24, 2009.

1301.4 Effect on Existing Laws

Any provisions of the City Charter or the Codified Ordinances not specifically modified by this
Zoning Ordinance shall remain in full force and effect.

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 1301.5 Separability

If any section, subsection, sentence, clause, phrase, or other part of this Zoning Ordinance is for
any reason held by court of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remaining portions of this Zoning Ordinance. The City Council hereby declares
that it would have passed this Zoning Ordinance and each section, subsection, sentence, clause,
phrase, and other part thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, or other parts be declared invalid.

1301.6 All Inclusive Provisions

All provisions of this Zoning Ordinance shall be strictly construed and shall be applicable in all
instances. In addition, all overlay districts (Chapter 1319), landscaping (Chapter 1322), off-
street parking and loading (Chapter 1325) and signage (Chapter 1121) requirements shall be
applicable to all uses in all Districts unless otherwise specified.

1301.7 Permits, Licenses, Certificates, Authorizations to Conform

No board, agency, officer, or employee of the City shall issue, grant, or approve any permit,
license, certificate, or other authorization, including Special Permits and Variances by the Board
of Appeals, for any construction, reconstruction, alteration, enlargement or moving of any
building or for any use of any land or building that would not be in full compliance with the
provisions of this Zoning Ordinance. Any such issuance, grant or approval shall be subject to
suspension or revocation in accordance with §1301.10 of this Zoning Ordinance.

1301.8 Interpretation

The provisions of this Zoning Ordinance shall be considered to be the minimum requirements
adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

A. Except as specifically herein provided, it is not intended by this Zoning Ordinance to

repeal, abrogate, annul, or in any way to impair or interfere with any existing provision of
law or ordinance or any rule or regulation previously adopted, or any permit, license,
certificate or other authorization previously issued, granted or approved, or which shall
be adopted, issued, granted or approved pursuant to the law and not in conflict with the
provisions hereof relating to the use of buildings or land or to the erection, construction,
establishment, moving, alteration, or enlargement of any building or improvement; nor is
it intended by this Zoning Ordinance to interfere with or abrogate or annul any easement,
covenant, or other agreement between parties; provided, however, that whenever any
provision of this Zoning Ordinance imposes greater restrictions on the erection,
construction, establishment, moving, alternation or enlargement of buildings or on the use
of any building or of land in any of the districts established by this Zoning Ordinance
than are imposed by such existing provisions of law or ordinances or by such rules,
regulations, permits, licenses, certificates, or other authorizations, or by such easements,
covenants, or agreements, then the provisions of this Zoning Ordinance shall control.

B. All words and terms stated in the present tense include the future; the singular includes
the plural, unless the context requires otherwise; the masculine includes the feminine and

3
 neuter genders; the term "shall" is mandatory, not directory; the term "City" shall include
the following terms: City of Niagara Falls, City Council, Board of Appeals, Planning
Board, Chief Executive, City Administrator, City Departments. Other designated boards
and/or officers mean the respective boards and officers designated by the City of Niagara
Falls; the term "person" includes an individual, corporation, partnership, firm, or other
combination of persons.

C. Where requirements may be considered contradictory, the stricter requirement shall be

applied.

D. The Director of Inspections and the Director of Planning shall interpret this Zoning
Ordinance. Any interpretation of an order, requirement, decision or determination in
connection with this Zoning Ordinance shall be final except as otherwise provided by
law.

E. Any person aggrieved by an order, requirement, decision, interpretation or determination

of a City administrative official charged with the enforcement of this Zoning Ordinance
may apply to the Board of Appeals for an appeal of such requirement, decision,
interpretation or determination in accordance with the requirements of General City Law
Section 81-a.

1301.9 Interpretation Zoning District Boundaries

Where uncertainty exists with respect to the boundaries of the various districts, as shown on the
zoning map, the following rules shall apply:

A. Where the designation on the zoning map indicates a boundary approximately upon a
road, alley, railroad, the centerline shall be construed to be the boundary.

B. Where such boundaries are indicated as approximately following park or reservation lines
or the lines of watercourses, such lines shall be construed to be such boundaries.

C. Where such boundaries are indicated as approximately following lot lines, such lot lines
shall be construed to be such boundaries.

D. In un-subdivided land and where a district boundary divides a lot, the location of such
boundary, unless dimensions shown on the map indicate the same, shall be determined by
the use of the scale appearing thereon.

E. Any boundary shown extended into the Niagara River shall be deemed to extend to the
boundary of the City.

F. Where a district boundary divides a lot in one ownership and not less than 50 percent of
the area of such lot lies in the less restricted district, the regulations prescribed by this
Zoning Ordinance for the less restricted district shall apply to the remainder of such lot
up to the distance of not more than 50 feet from such boundary.

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 1301.10 Enforcement

A. Administration

The provisions of this Zoning Ordinance shall be administered by the City Planning Office, the
Department of Building Inspections, the City Clerk and such other persons or entities as the City
Council shall direct. The responsibility for the enforcement of this chapter is delegated to the
Director of Inspections, or a designee, or as otherwise designated in the City Charter or the
Niagara Falls Municipal Code.

B. Availability of remedies

The following remedies and procedures may be employed to enforce the provisions of this
Zoning Ordinance and shall be deemed cumulative to other enforcement procedures and
remedies available by law. In addition to the remedies provided for in this section 1301.10, the
City Planning Office and Department of Building Inspections or other City designee may
maintain an action or special proceeding in a court of competent jurisdiction to compel
compliance with or restrain by injunction a violation of this Zoning Ordinance. Such action may
also be instituted by any property owner who may be particularly damaged by any violation of
this Zoning Ordinance.

C. Violations

Any building erected, constructed, altered, enlarged, converted, moved, or used contrary to any
of the provisions of this Zoning Ordinance, and any use of any land or building which is
conducted, operated, or maintained contrary to any of the provisions of this Zoning Ordinance
including, without limitation, conditions of site plan approval pursuant to Section 1324 of this
Zoning Ordinance and other requirements established pursuant to Section 1322 of this Zoning
Ordinance, shall be declared a violation of this Zoning Ordinance. Upon becoming aware of any
such violation, the Director of Inspections or other duly authorized public servant shall serve or
cause to be served, in accordance with the procedures in section 1301.10(E) and (G) of this
Zoning Ordinance, notice of such violation. Enforcement may be pursued against an owner,
occupant, mortgagee or vendee in possession, operator, assignee of rents, receiver, executor,
trustee, lessee, agent or other person, firm or corporation directly or indirectly in control of the
premises or part thereof, or any person, regardless of said person's relationship to the property,
found to be in violation of any of the provisions of this Zoning Ordinance. If such violation has
not ceased within such reasonable time as may be specified in such notice, the Director of
Inspections or other duly authorized public servant shall take appropriate action. The Director of
Inspections shall maintain, or cause to be maintained, a record of every identifiable complaint of
an offense and the action or actions taken with respect to such violation.

D. Penalties for Violations

Any person, corporation, or other entity, whether as owner, lessee, principal, agent, employee or
otherwise, who violates any of the provisions of this Zoning Ordinance or permits any such
violation or fails to comply with any of the requirements thereof, or who erects, constructs,
alters, enlarges, converts, moves or uses any building, or uses any land, in violation of any
detailed statement or plan submitted by him and approved under the provisions of this Zoning

5
Ordinance, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not
more than $250.00 for each and every day or imprisoned not more than thirty days, or both.

Such person or corporation shall be guilty of a separate offense for each and every day during
any portion of which any violation of this Zoning Ordinance is committed, continued, or
permitted by any such person or corporation, and shall be punishable therefore as provided
herein.

For conviction of a second offense at the same location, committed within a period of five years,
the aforementioned maximum daily penalties and prison terms shall be doubled. These remedies
are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
The Director of Inspections may, in his sole discretion, suspend the penalties authorized
hereunder for any person, corporation or entity that remedies the identified offense or offenses
within the period for compliance, if any, that may be specified in accordance with § 1301.10(E)
of this Zoning Ordinance.

E. Procedure for enforcement

1. Administrative Enforcement

a. Whenever the Director of Inspections or other designee declares that a building,

vacant area or activities are in violation of this Zoning Ordinance, he or she may
serve upon the person, corporation or other entity committing or permitting such
violation, any of the following:

(i) A Citation reciting the facts constituting such violation, specifying in what
respect the building, vacant area or activities are a violation of this Zoning
Ordinance and requiring removal or discontinuance of such violation
within a specified period for compliance after service of the Citation;

(ii) A Notice of Building Permit Suspension or Revocation. A validly issued

building permit may be suspended or revoked where the Director of
Inspections or his designee finds that:

(a) There has been a false statement or misrepresentation as to a

material fact in the application, plans or specifications on which
the building permit was based;

(b) The building permit was issued in error and should not have been
issued in accordance with applicable law;

(c) The work performed under the permit is not being conducted in
accordance with the provisions of the application; or

(d) The permittee fails or refuses to comply with a stop work order
issued by the Director of Inspections or duly appointed public
officer. A Notice of Suspension or Notice of Revocation shall

6
 recite the basis therefore and shall be posted on the premises and
served personally or by certified mail upon the permittee; or

(iii) Stop Work Order. A written Stop Work Order stating the conditions
under which the work may be resumed by posting the Stop Work Order on
the premises and serving the Stop Work Order in accordance with Section
1301.10 (G) of this Zoning Ordinance upon the persons, corporations or
other entities deemed by the Director of Inspections to be in violation of
this Zoning Ordinance.

b. Citations issued pursuant to this section 1301.10 shall, as appropriate, provide that
if the violation in question is not removed within a prescribed period for
compliance, the Department of Building Inspections or its designee may remove
or cause the removal of such violation by taking such corrective action as is
deemed necessary. Any Citation which calls for the repair or removal of any
building that endangers the health, safety and welfare of the general public must
be written, served and administered in accordance with the requirements of N.Y.
General City Law § 20(35).

c. Whenever the Department of Building Inspections or other City designee issues

or causes to be issued a Citation pursuant to this section which requires the owner
to remove existing violations within a prescribed period, the owner may request a
meeting with the Director of Inspections or other City designee. The meeting
shall be held prior to the expiration of the period for compliance so prescribed
unless the violation constitutes an immediate danger to human life or health.

2. Judicial Enforcement.

a. Whenever the Director of Inspections or a designee declares that a violation of

this Zoning Ordinance has occurred and the violator fails to correct the violation
in accordance with a Citation duly issued pursuant to this section, the Director of
Inspections or a designee may maintain an action or special proceeding in a court
of competent jurisdiction to recover penalties for and compel compliance with or
restrain by injunction a violation of this Zoning Ordinance.

b. Failure to appear in the designated local criminal court may result in the court
issuing a summons or warrant of arrest based upon the local criminal court
accusatory instrument filed.

3. When a violation is not removed.

a. If a violation is not removed by the owner within the time prescribed after service
of a Citation, the Department of Building Inspections or other City designee may,
except as otherwise provided herein, proceed with the removal of such violation
as provided in the Citation or may cause the same to be done.

b. If the owner or tenant or violator interferes in any way with or causes delay to the
taking of corrective action authorized by this section, the City may commence a

7
 special proceeding or action in State Supreme Court to restrain such interference
or delay.

4. When removal of a violation is ordered.

a. If the Department of Building Inspections or other City designee proceeds to

execute a Citation issued by it or a court order for the removal of a violation, the
City may let contracts therefore. The cost of executing such Citations, whether or
not carried out pursuant to court order, may be met from any appropriations made
therefore or, if such appropriation has not been made or is insufficient, from the
proceeds of the sale of obligations pursuant to the Local Finance Law. The
Department of Building Inspections or other City designee shall keep a record of
such notices and orders, together with the acts done and items of cost incurred in
their execution.

b. Notwithstanding the foregoing and in addition to any other remedy available, the
City may maintain an action against the owner to recover the cost of executing
such orders.

c. The term "owner," as used in this section, shall include any person or entity,
directly or indirectly in control of a building or vacant area or part thereof.

F. Building Permits

1. The Director of Inspections or a designee shall:

a. Issue permits for proposed projects that are found to comply with all applicable
provisions of this Zoning Ordinance and other laws, ordinances and codes; and

b. Inspect approved projects during construction and upon completion to ensure

compliance with this Zoning Ordinance and other laws, ordinances and codes.

2. Building Permit Issuance.

a. Every application for a building permit, a Certificate-of-Occupancy/Compliance,

or a license shall contain or be accompanied by such information as required by
the City to be necessary for the enforcement of the provisions of this Zoning
Ordinance. Such required information may include drawings, survey and/or
sketches.

b. No Building Permit shall be issued unless and until any and all relevant
applications to the Planning Board and or Zoning Board of Appeals have been
approved and all conditions for such approval satisfied or, alternatively, until a
sufficient guarantee is in place. Such guarantee shall be in the form of a
performance bond, letter of credit or other security, sufficient to cover the full
cost of required infrastructure of improvements as estimated by the Planning
Board or its designee. The estimated cost of work shall be provided by the
applicant and is subject to approval by the Planning Board or its designee.

8
 c. Any security required under this section must be provided pursuant to a written
security agreement with the City, approved by the Planning Board and also
approved by the City attorney as to form, sufficiency and manner of execution,
and shall be limited to:

(i) a performance bond issued by a bonding or surety company;

(ii) the deposit of funds in, or a certificate of deposit issued by, a bank or trust
company located and authorized to do business in New York State;

(iii) an irrevocable letter of credit from a bank located and authorized to do

business in New York State;

(iv) obligations of the United States of America; or

(v) any obligations fully guaranteed as to interest and principal by the United
States of America, having a market value at least equal to the full cost of
such improvements. If not delivered to the City, such security shall be
held in a City account at a bank or trust company.

d. Term of security agreement. Any such performance bond or security agreement

shall run for a term to be fixed by the Planning Board, but in no case for a term
longer than three years, provided, however, that the term of such performance
bond or security agreement may be extended by the Planning Board with consent
of the parties thereto. If the Planning Board shall decide at any time during the
term of the performance bond or security agreement that the extent of building
development that has taken place is not sufficient to warrant all the improvements
covered by such security, or that the required improvements have been installed
as provided in this section and by the Planning Board in sufficient amount to
warrant reduction in the amount of said security, and upon approval by the
legislative body of the city, the Planning Board may modify its requirements for
any or all such improvements, and the amount of such security shall thereupon be
reduced by an appropriate amount so that the new amount will cover the cost in
full of the amended list of improvements required by the Planning Board.

e. Default of security agreement. In the event that any required improvements have
not been installed as provided in this section within the term of such security
agreement, the Planning Board may thereupon declare the said performance bond
or security agreement to be in default and collect the sum remaining payable
thereunder; and upon the receipt of the proceeds thereof, the City shall install such
improvements as are covered by such security and as commensurate with the
extent of building development that has taken place but not exceeding in cost the
amount of such proceeds.

G. Service of Notice

Except as otherwise provided in this section 1301.10, all notices hereunder shall be served
personally in accordance with the provisions of the Civil Practice Law and Rules, or sent by first

9
class mail to either the violator's tax mailing address, if the violation relates to a property or
building and the owner is the person to be served, or otherwise to the violator's last known
address, or left with an agent or a person of suitable age and discretion at the place of violation or
tax mailing address or last known address.

1301.11 Amendments

Any additions or amendments to this Zoning Ordinance, when passed in such form as to indicate
the intention of the Council to make the same a part hereof, shall be deemed incorporated in this
Zoning Ordinance.

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11
 1302 ZONING ADMINISTRATION

1302.1 Variances

The Board of Appeals, on appeal from the decision or determination of any administrative
official charged with enforcement of this Zoning Ordinance, shall have the power to grant use
and area variances, subject to the standards and procedures in §81-a and §81-b of the N.Y.S.
General City Law and in this Section 1302.

1302.1.1 Use Variance

The term "use variance” shall mean the authorization by the Board of Appeals for the use of land
for a purpose, which is otherwise not allowed or is prohibited by the applicable provisions of this
Zoning Ordinance. No such use variance shall be granted by the Board of Appeals without a
showing by the applicant that applicable zoning regulations and restrictions have caused
unnecessary hardship. In order to prove such unnecessary hardship the applicant shall
demonstrate to the Board of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:

A. the applicant cannot realize a reasonable return, provided that lack of return is substantial
as demonstrated by competent financial evidence;

B. the alleged hardship relating to the property in question is unique, and does not apply to a
substantial portion of the district or neighborhood;

C. the requested use variance, if granted, will not alter the essential character of the
neighborhood; and

D. the alleged hardship has not been self-created.

The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it
shall deem necessary and adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.

1302.1.2 Area Variance

The term "area variance" shall mean the authorization by the Board of Appeals for the use of
land in a manner, which is not allowed by the dimensional or physical requirements of the
applicable provisions of this Zoning Ordinance. In considering applications for area variances,
the Board of Appeals shall take into consideration the benefit to the applicant if the variance is
granted, as weighed against the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination the board shall also consider:

12
A. whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the area variance;

B. whether the benefit sought by the applicant can be achieved by some method feasible for
the applicant to pursue, other than an area variance;

C. whether the requested area variance is substantial;

D. whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and

E. whether the alleged difficulty was self-created, which consideration shall be relevant to
the decision of the Board of Appeals, but shall not necessarily preclude the granting of
the area variance.

The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it
shall deem necessary and adequate and at the same time preserve and protect the character of the
neighborhood and the health, safety and welfare of the community.

1302.1.3 Imposition of Conditions

The Board of Appeals shall, in the granting of both use variances and area variances, have the
authority to impose such reasonable conditions and restrictions as are directly related to and
incidental to the proposed use of the property. Such conditions shall be consistent with the spirit
and intent of the zoning ordinance and the identified Description and Purpose statements for the
relevant district and shall be imposed for the purpose of minimizing any adverse impact such
variance may have on the neighborhood or community.

1302.2 Special Permit

1302.2.1 General Provisions

The Board of Appeals shall have the power to grant Special Permits, subject to the standards and
procedures in § 27-b of the N.Y.S. General City Law and in this Section 1302. The Board of
Appeals shall, as appropriate, refer variance and Special Permit applications to the Planning
Board for site plan review. Except as otherwise provided in § 1327 of this Zoning Ordinance,
the term "Special Permit" shall mean the authorization for a particular land use which is
permitted in this Zoning Ordinance as denoted by the letter "S" in the Land Use Table in
Schedule 1, which uses are subject to the requirements imposed by Section 1328 of this Zoning
Ordinance to ensure that the proposed use is in harmony with this Zoning Ordinance and will not
adversely affect the surrounding community if such requirements are met.

On application, the Board of Appeals may authorize, by resolution, the issuance of a Special
Permit for any of the uses permitted in the district in which such use is proposed to be located. In
authorizing the issuance of a Special Permit, the Board of Appeals shall take into consideration
the public health, safety, and welfare, and shall prescribe appropriate conditions and safeguards
to ensure the accomplishment of the following objectives:

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A. All proposed structures, equipment, or material should be readily accessible for fire and
police protection.

B. The proposed use is of a location, size, and character that, in general, will be in harmony
with the appropriate and orderly development of the district in which it is proposed, and
will not be detrimental to the orderly development of adjacent properties in accordance
with the zoning classification of such properties.

C. Any use located in or directly adjacent to a residential district shall consider the
following: The location and size of such use, the nature and intensity of operations
involved or conducted in connection therewith, its site layout, signage, and relation to
streets, shall be such that both pedestrian and vehicular traffic, and assembly of persons
in connection therewith, will not be hazardous, inconvenient, or incongruous with the
residential district or conflict with the normal traffic of the neighborhood.

D. The location and height of buildings, the location, nature and height of walls and fences,
and the nature and extent of screening and landscaping on the site shall be such that the
use will not hinder or discourage the appropriate development of the use of adjacent land
and buildings or diminish the value thereof.

E. Any additional conditions and safeguards that may be required to further the objectives of
the City Comprehensive Plan and the relevant Description and Purpose statements for the
appropriate district.

1302.2.2 Periodic Review of Special Permits

The Board of Appeals may require that Special Permits be periodically reviewed and/or renewed.
Such review or renewal shall be granted following due public notice and may be held only upon
a determination by the Board of Appeals that there is or has been noncompliance with conditions
imposed by the Board of Appeals in conjunction with the issuance of the original Special Permit.
In such cases the Special Permit holder shall be required to fully comply with such conditions
within a period not to exceed ninety days of the filing and of the Board of Appeals' determination
hereunder and service of said determination to the Special Permitee in accordance with §
1301.10(G) of this Zoning Ordinance.

1302.3 Board of Appeals Procedures

1302.3.1 Application Procedures

For variance and Special Permit applications, the Board of Appeals shall conduct a public
hearing within sixty-two days from the day a complete application is received. Public notice of
said hearing shall be printed in the Official City newspaper at least five days prior to the date of
the hearing.

For variance applications, the Board of Appeals shall provide any necessary notices required
under General City Law § 81-a(10)) within the times periods prescribed therein. For Special
Permit applications, the Board of Appeals shall provide any necessary notices required under
General City Law § 27-b(7)) within the time periods prescribed therein. The Board of Appeals

14 Amended 12/13/10
shall comply with all applicable provisions of the State Environmental Quality Review Act and
Chapter 1326 of this Zoning Ordinance before rendering a final determination on any variance or
Special Permit applications.

1302.3.2 Board of Appeals Decisions

The Zoning Board of Appeals shall decide upon appeals and applications within sixty-two days
after the public hearing. The time within which the Board must render its decision may be
extended by mutual consent of the applicant and the Board. The decision of the Board of
Appeals shall be filed with the city clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant. Where the Zoning Board of Appeals denies
an application for a variance or Special Permit hereunder, the applicant must wait at least six
months before submitting a new application for a variance or Special Permit to the Zoning Board
of Appeals for the same premises.

1302.4 Amendments

1302.4.1 Methods of Amendment

A. Purpose

The amendment process herein established is intended to provide a means for making changes in
the text of this Zoning Ordinance and the Official Zoning Map that have more or less general
significance or application. It is not intended to relieve particular hardships nor to confer special
privileges or rights of a particular property owner but is intended as a tool to adjust the
provisions of this Zoning Ordinance and the Official Zoning Map in light of changing, newly
discovered or newly identified conditions, situations or knowledge and maintain consistency
between the zoning and the goals, objectives and policies contained in the Comprehensive Plan.

B. Substantive Amendments

The City Council may, after receiving recommendation of the Planning Board and after due
public notice and hearing, amend any part of the zoning text, schedules or zoning map. An
application to amend this Zoning Ordinance may be initiated by:

1. A verified petition of owners of fifty per centum or more of the frontage in any district or
part thereof, which shall be accompanied by the requisite fee, no part of which shall be
returnable;

2. An application by an individual property owner; which shall be accompanies by the

requisite fee, no part of which shall be returnable.

3. The adoption by City Council of a resolution of intention to amend, which resolution,

upon adoption, shall be referred to the Planning Board; or

4. The Planning Board, by a vote of not less than five members, by the adoption of a
resolution of proposal to amend.

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C. Minor Amendments

Minor text amendments addressing spelling, grammar, numerical references and other minor
modifications which are not substantive may be proposed by the Director of Planning or his
designee and submitted directly to the City Council for approval without recommendation of the
Planning Board.

1302.4.2 Amendment Procedure

A. Minimum Findings

1. Petitions

Petitions and applications under § 1302.4.1(B) shall be filed with the Planning Board and shall
include a preliminary proposal, along with a rezoning application and requisite fee. The
Planning Board shall determine the completeness of petitions and applications and issue a
recommendation following a public hearing as specified herein prior to submission of said
petition to the City Council. Zoning amendment petitions shall include, but not be limited to, the
following background information:

a. Proposed land uses, including number of dwelling units, gross floor area and land
area for each such land use.

b. Proposed road system and all existing and proposed rights-of-way and easements,
whether public or private.

c. The interior common open space system and a statement as to how it is to be

owned and maintained.

d. The interior drainage system and how it is proposed to be connected to the

drainage systems of adjoining areas.

e. If the development is to be staged, clear indication of how the staging is to

proceed.

f. Evidence of how the proposal would meet the planning objectives of the
Comprehensive Plan and/or the proposed District.

g. Evidence to demonstrate applicant’s competence to carry out the plan and his
awareness of the financial and organizational scope of such a project.

h. Such further and other documentation as the Planning Board may deem necessary
or appropriate.

i. Part 1 of a completed Full Environmental Assessment Form or, if appropriate, a

draft Environmental Impact Statement.

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If a petition or application is determined to be incomplete, the Planning Board shall provide
written notice to the petitioner or applicant along with an explanation of the petition's
deficiencies. No further processing of the application shall occur and no public hearings shall be
scheduled until the deficiencies are corrected. If the deficiencies are not corrected by the
petitioner or applicant within 30 days, the petition shall be considered withdrawn.

2. Resolutions

Board resolutions to amend this Zoning Ordinance shall address the items in Section 1302.4.2
(A)(1) to the extent applicable and appropriate.

B. Notice and Public Hearing by Planning Board.

1. The Planning Board shall hold a formal Public Hearing on any such petition, application
or resolution. A public hearing on a rezoning petition shall be held within 40 days of the
Planning Board's receipt of a completed zoning amendment petition. Except as otherwise
provided herein, notice of a public hearing on a petition, application or resolution filed
under § 1302.4.1(B) shall be given by at least one publication in the official newspaper of
the City at least ten days before the date of such hearing.

2. Except as otherwise provided in Section § 1302.4.2(B)(3), if the proposed amendment

consists of or includes a change in any zoning district boundary, then such notice shall
also be given by regular United States mail to the owners of all land lying within a
distance of 500 feet from the exterior boundaries of land involved, as the names of such
owners appear on the assessment records of the City. The foregoing requirements as to
mailed notices shall be substantially observed, but any minor inaccuracy in giving such
notice shall not invalidate the proceedings that are involved.

3. The special notice requirements in subsection (B)(2) shall not apply where the petition or
resolution involves amendments to the boundaries of multiple zoning districts
encompassing more than ten acres provided, however, that notice of the public hearing
for such petitions or resolutions shall be published in the official newspaper of the City at
least three times, not more than 30 nor less than 10 business days before the date of the
public hearing.

C. Planning Board Recommendation.

Subsequent to the public hearing by the Planning Board, the Planning Board shall, at a public
meeting, adopt a resolution setting forth its recommendations to the City Council with respect to
the proposed amendment. In recommending the adoption of any amendment, the Planning Board
shall fully state its reason(s) for such recommendation. The recommendation shall, at a
minimum, be based on the following findings:

1. The proposal conforms to the Comprehensive Plan of the City of Niagara Falls and the
proposal meets the intent and objectives as expressed therein.

2. A summary of the findings of the Public Hearing.

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3. Any conditions that makes the amendment advisable.

4. The proposal is conceptually sound in that it meets community needs in the design of the
proposed roadway system, land use configuration, open space and drainage systems,
scale of the elements, both absolute and as they relate to one another and that proposed
uses are of such location, size and character that in general, will not be detrimental to the
orderly development of adjacent properties in accordance with the zoning classification.

5. There are adequate public facilities, services, and utilities available or proposed to be
made available to serve the development.

If there is an unfavorable report with a recommendation to deny the petition, the Planning
Board's resolution shall specify the reasons for such findings. In such case, the Planning Board
may recommend further study.

D. Effect of Planning Board Recommendation.

No amendment of this Zoning Ordinance that has not been approved by the Planning Board shall
be adopted except at least three-fourths majority approval of the City Council as constituted by
the City Charter; that being four (4) votes. Failure by the Planning Board to report to the City
Council its recommendations within sixty days after the date of the Public Hearing shall be
deemed to be a recommendation for approval by the Planning Board, unless such proceedings
have theretofore been terminated.

E. City Council Decision

The City Council shall either approve a proposed amendment by ordinance duly enacted, or
adopt the proposed amendment, with or without conditions, or deny the proposed amendment. A
final decision by the City Council on a petition to amend under §1302.4.1(B)(1) shall be made
within 40 days of the filing of the Planning Board's recommendation, or its failure to act as
provided above, except as otherwise provided herein. In the event that the City Council, prior to
the expiration of said 40 day period, requests further information from the Planning Board, the
time limit for its decision on a petition shall be extended to 70 days. The failure of the City
Council to act within the time limits herein specified shall be deemed a refusal of the petition.

Before taking any final action on a resolution or petition, the City Council shall comply with all
applicable New York State General Municipal Law referral requirements and SEQRA
requirements and render its own independent conclusions under SEQRA. In approving a
proposed zoning amendment with or without conditions, the City Council shall adopt a
resolution accepting the findings of the Planning Board under section 1302.4.2(C) of this Zoning
Ordinance and setting forth such additional findings that the City Council may deem necessary
and appropriate.

F. City Council Vote

Except as provided in 1302.4.2(D), a zoning amendment shall be effected by a simple majority

vote of the City Council, except that an amendment shall require the approval of at least three-
fourths of the members of the City Council in the event such amendment is the subject of a

18
written protest, presented to the City council no later than 24 hours before the City Council is
scheduled to consider the amendment, and duly signed by:

1. The owners of twenty percent or more of the area of land included in such proposed
change; or

2. The owners of twenty percent or more of the area of land immediately adjacent to that
land included in such proposed change, extending one hundred feet therefrom; or

3. The owners of twenty percent or more of the area of land directly opposite thereto,
extending one hundred feet from the street frontage of such opposite land.

1302.4.3 Amendment Disapproved

If any amendment is disapproved by the City Council, no petition for substantially the same
amendment shall be received by the Planning Board for a period of 6 months from and after the
date of such disapproval.

1302.4.4 Withdrawing Petition for Amendment

Any petition for an amendment may be withdrawn at any time by the filing of a verified petition
of withdrawal signed by not less than a majority of the number of persons who signed the
original petition and such withdrawal shall terminate the proceedings initiated by the original
petition; and any proceedings for an amendment initiated by a resolution of the City Council or
the Planning Board may be terminated by the body that initiated the same at any time that such
proceedings are before such body, provided in any event that any hearing of which notice has
been given shall be held. Failure of the applicant to pursue the application shall result in
abandonment of the subject application and shall be the equivalent of the filing of a verified
petition of withdrawal.

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 1303 DEFINITIONS

1303.1 General Provisions

For purpose of the Zoning Ordinance, certain words and terms used herein are defined as
follows:

Words not specifically defined shall have their ordinary dictionary meaning as in Webster's New
International Dictionary; construction and building terms shall use New York State Uniform Fire
Prevention and Building Code (hereinafter the "Uniform Code") definitions unless specifically
identified otherwise:

1303.2 List of Definitions

1303.2.1 “A”

ACCESSORY BUILDING / USE

A building or use subordinate to the principal building or use, which is (a) located on the same
zoning lot as the principal building or use; (b) subordinate in area, extent and purpose to the
principal building or use served; and (c) customarily incidental to the use of such principal
building or use.

ADULT USES

Adult uses shall be defined to and include the following uses:

A. ADULT BOOKSTORE / VIDEO STORE: an establishment having as a substantial or

significant portion of its stock-in-trade, books, magazines, other periodicals, films, slides
and video tapes, sound recordings or printed, visual and audio material of any kind,
which are characterized by their emphasis on the description or depiction of specified
anatomical areas or specified sexual activities, or any business having a substantial area
of its establishment devoted to the sale and display of such material.

B. ADULT ENTERTAINMENT CABARET: a public or private establishment which

presents to the public, customers or members, performances by persons who appear nude
or semi-nude or live performances that are characterized by their emphasis on the
exposure, depiction or description of specified anatomical areas or the conduct or
simulations of specified sexual activities.

C. ADULT MOTEL: a motel which is not open to the public generally but excludes minors
by reason of age, or which makes available to its patrons in their rooms, films, slide
shows, or video tapes, which are characterized by their emphasis on the description or
depiction of specified anatomical areas or specified sexual activities.

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D. ADULT THEATER: A theatre that regularly features or offers to the public the
presentation of motion-picture films, movies or sound recordings which are characterized
by their emphasis on the description or depiction of specified anatomical areas or
specified sexual activities and which are presented to a common audience in an enclosed
common area.

E. PEEP SHOWS: a theater which presents material in the form of live shows, films or
video tapes, viewed from an individual enclosure, for which a fee is charged and which is
characterized by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.

F. SPECIFIED ANATOMICAL AREAS:

1) Less than the completely and opaquely covered human genitals, pubic region or
female breast below a point immediately above the top of the areola.

2) Human male genitals in a discernibly turgid state even if completely and opaquely
covered.

G. SPECIFIED SEXUAL ACTIVITIES:

1) Human genitals in a state of sexual stimulation or arousal.

2) Acts of human masturbation, sexual intercourse, sodomy or bestiality, or

3) Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast.

ALLEY

A narrow street or passage, which affords a secondary means of vehicular access to abutting lots
and is not intended for general traffic circulation.

1303.2.2 “B”
BAR

A commercial establishment open to the general public whose primary activity is the sale of
alcoholic beverages to be consumed on the premises. Bars include taverns, night clubs and
similar facilities serving alcoholic beverages.

BASEMENT

As defined pursuant to the Uniform Code.

BED AND BREAKFAST

A private owner-occupied and operated residence with one (1) to five (5) guest rooms where
limited overnight lodging and possibly a breakfast are provided for compensation.

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 1303.2.3 “C”

CAMPER PARKS

Any land or floor area occupied or designed for transient, but not permanent occupancy by one
or more campers, trailers, or motor homes which are located for temporary recreational or travel
purposes.

CHILD DAY CARE AND SMALL DAY CARE CENTERS

These terms shall be as defined in 18 N.Y.C.R.R. § 413.

COLLEGE

Includes colleges and other institutions of higher learning which offer courses of general or
specialized study leading to an academic degree, certificate or diploma. Colleges tend to be in
campus-like settings or on multiple blocks.

COMMUNITY CENTER AND SERVICES

A building or place to be used as a place of meeting, recreation, or social, cultural or educational

activity and not operated for profit and in which alcoholic beverages are not normally dispensed
or consumed. Examples include libraries, museums, senior centers, publicly owned swimming
pools, youth club facilities, and social service facilities.

COMMERCIAL VEHICLE

A vehicle with a New York State D.M.V. Commercial designation used primarily for business
purposes.

COMMUNICATIONS TOWER

A structure, other than a building, on which telecommunications equipment is located. The term
includes without limitation, lattice towers, free-standing towers, guyed towers, monopoles, and
similar structures.

CONTRACTOR'S YARD

Any space, whether inside or outside a building on a parcel of land, used for the storage or
keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof,
whether they are in operable or inoperable condition or in active or inactive use by a person or
other entity.

CULTURAL FACILITIES, PRIVATE

A museum, art gallery or similar use for the purpose of displaying, preserving, exhibiting and
selling objects of interest.

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CULTURAL FACILITIES, PUBLIC

See “Community Center and Services”

1303.2.4 “D”

DECK

As defined pursuant to the Uniform Code.

DRIVE THRU

A building which, by design of physical facilities or service permits customers to receive or

obtain a product or service while remaining in a motor vehicle, and may include fast-food
establishments, banks and similar services.

1303.2.5 “E”

1303.2.6 “F”

FAMILY DAY CARE AND GROUP FAMILY DAY CARE HOMES

These terms shall be as defined in 18 N.Y.C.R.R. Subchapter C, Article 2.

FLOOR AREA

As defined pursuant to the Uniform Code In addition, floor area used for parking of motor
vehicles shall not be included in the calculation of the total or gross floor area for a proposed
project.

FLOOR AREA RATIO

The ratio of the floor area of a building, excluding spaces within a basement as defined in this
ordinance, divided by its lot area

FUNERAL HOME

A building used for the preparation of the deceased for burial and the display of the deceased and
ceremonies connected therewith before burial or cremation.

1303.2.7 “G”

GROUP LIVING

A. ADULT (GROUP) DAY CARE

Provision of daytime care in a residential or nonresidential structure to more than six adults
whose ability to independently perform the normal activities of daily life is limited by age or

23
physical or other impairment but who do not require the level of care provided by nursing homes
or medical facilities.

B. BED & BREAKFAST (see 1303.2.2)

A private owner-occupied and operated residence with one (1) to five (5) guest rooms where
limited overnight lodging and possibly a breakfast are provided for compensation.

C. BOARDING/ROOMING HOME

Any dwelling containing rooms without kitchen facilities that are used, rented or hired out to
three (3) or more people to be occupied or that are occupied for sleeping purposes for
compensation, whether the compensation is paid directly or indirectly. A boarding home is only
permitted by special permit. A rooming home shall be deemed a boarding home. In a residential
district, a boarding/rooming home must be owner-occupied and owner managed.

D. COMMUNITY RESIDENCE FOR YOUTHS

Homes for youths above the number typically placed in a foster home generally eight or more
youths; not a residence for mentally or physically disabled children or youths; licensed by the
N.Y.S. Department of Social Services, Division for Youth, or other sponsoring agencies.
Typically, the state has a locally based sponsor that is often a nonprofit social service agency.

E. DORMITORY

A multiple dwelling which provides sleeping accommodations and domestic facilities and
services for a college, university or secondary school recognized by the N.Y.S Board of Regents.

F. DWELLING UNIT

One or more rooms consisting of living, cooking, sanitary, and sleeping facilities; sleeping
facilities shall contain at least 120 sq ft per first occupant and 50 sq ft for the second person over
12 years of age and at least 35 sq ft for each occupant under 12 years of age.

G. FRATERNITY/SORORITY HOUSE

A place of residence other than a hotel, rooming or boarding house or dormitory that is operated
by a nationally chartered membership organization or local chartered organization recognized by
an educational institution recognized by the New York State Board of Regents and used,
occupied and maintained for person enrolled in a college university or other educational
institution and which is recognized and subject to controls by such educational institution.

H. GROUP HOME

A nonprofit or for-profit residence for a disabled population licensed by the N.Y.S. Department
of Social Services providing a homelike environment and/or supervision, which, in addition to
providing food & shelter, may also provide some combination of personal care, social or
counseling services and transportation.

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I. HALFWAY HOUSE

A twenty four hour supervised licensed transitional residence for mental patients or inmates on
release from a more restrictive custodial confinement or initially placed in lieu of such more
restrictive custodial confinement. Residents are provided counseling in a supervised setting with
the goal of rehabilitating residents back into society, enabling them to live independently. The
facility must be recognized by an appropriate New York State agency and cannot be self-
declared.

J. HOMELESS RESIDENTIAL FACILITY

A residential facility operated by a provider, other than a group home, which provides temporary
accommodations to more than three homeless persons in a non-dormitory-style setting. For the
purpose of this definition, “provider” shall mean a government agency or private nonprofit
organization recognized by a government agency which provides, or contracts with recognized
community organizations to provide, emergency or temporary shelter for the homeless. The
homeless residential facility shall operate 24 hours a day, seven days a week. Twenty-four-hour
supervision shall be required for homeless residential facilities.

K. HOMELES SHELTER

A residential facility that provides temporary accommodations to homeless persons and/or

families in a dormitory-style setting. For the purpose of this definition, "provider" shall mean a
government agency or private nonprofit organization recognized by a government agency which
provides, or contracts with recognized community organizations to provide, emergency or
temporary shelter for the homeless. The shelter shall operate less than 24 hours a day, seven days
a week. Supervision shall be required for homeless shelters during operating hours.

L. HOSTEL

An overnight lodging facility for transient guests that provides sleeping rooms and common
areas for cooking. A hostel shall not be used as an emergency shelter.

M. RECTORY

A building used as a residence, operated as a single housekeeping unit, solely by and for a group
who have professed vows in a religious order and who live together as a community under the
direction of a resident pastor or superior, without more than two persons occupying any one
bedroom.

N. TRANSIENT

A person who travels from place to place away from his or her permanent address for vacation,
pleasure, recreation, culture or business.

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 1303.2.8 “H”

HEIGHT OF BUILDING

As defined pursuant to the Uniform Code. Height shall be measured from street elevation or
from the average grade surrounding the building.

HISTORIC DISTRICT

Any geographic area which contains places, sites, structures, or buildings which have a special
character and ambiance or historical value or aesthetic interest and which represent one or more
periods of styles of architecture of an era of history and is so designated by the City Council
under the provisions of Chapter 1335 of the City Ordinances or is so designated by the State or
Federal Government.

HISTORIC LANDMARK

Any individual site which contains places, structures, or buildings which have a special character
and ambiance or historical value or aesthetic interest and which represent one or more periods of
styles of architecture of an era of history and is so designated by the City Council under the
provisions of Chapter 1335 of the City Ordinances or is so designated by the State or Federal
Government.

HOSPITAL

Any institution, including a sanitarium, which maintains and operates facilities for overnight care
and treatment of two or more non related persons as patients suffering mental or physical
ailments, but not including any dispensary or first aid treatment facilities maintained by a
commercial or industrial plant, educational institution, convent or nursing home.

HOTEL

A facility offering transient lodging accommodations to the general public for a fee and which
may provide additional services such as restaurants, meeting rooms and recreational facilities.

1303.2.9 “I”

1303.2.10 “J”

JUNKYARD

A lot, land, or structure, or part thereof, used for collecting, storage, depositing, handling, and
sale of wastepaper, rags, scrap metal, or other nonputrescible material; or anything that may be
constituted as outdoor storage; or for the collecting, dismantling, storage, and salvaging of
machinery or vehicles not in running conditions and for the sale of parts thereof; regardless of
whether or not if such activities are done for profit. This term shall not include the storage of
trash or garbage. The placing, parking, storing, or permitting to be placed, parked, or stored in
view of any public road of more than two dismantled or unregistered and inoperative motor

26
vehicles on any piece of property for more than one day or if on the premises of a legally
established garage or repair shop for a period of more than thirty days shall be deemed to
constitute the operation of a junkyard on said premises.

1303.2.11 “K”

KENNEL OR CATTERY

Any building or lot where four or more domesticated dogs or cats are raised and/or boarded for
the purpose of sale, breeding, grooming, training, or exhibition, or are boarded for a fee, or are
sheltered for humanitarian reasons.

1303.2.12 “L”
LOT

A parcel of land occupied or capable of being occupied by a building and its accessory buildings
or by a dwelling group and its accessory buildings, together with such open spaces as are
required under the provisions of this Zoning Ordinance, having not less than the minimum area
required by this Zoning Ordinance for a lot in the district in which such land is situated, and
having its principal frontage on a street or on such other means of access as may be determined
in accordance with the provisions of law to be adequate as a condition of the issuance of a
building permit for a building on such land.

LOT of RECORD

A lot or parcel shown on a subdivision plat duly recorded in the office of the City or County
Clerk, or a lot or parcel described by metes and bounds which has been so recorded prior to the
effective date of this Zoning Ordinance or any amendment thereof that would affect such lot.

LOT AREA and LOT SIZE

The total horizontal land area included in lot lines.

LOT COVERAGE

The ground floor area (as measured from the exterior of the buildings) of all buildings on a lot
divided by the total lot area multiplied by 100%.

LOT, WIDTH

The distance between the side lot lines measured across the required front yard minimum setback
line parallel with the street.

1303.2.13 “M”

MANUFACTURING, HEAVY

This use category includes establishments or facilities which manufacture or process products
from raw materials, which are typically marketed off the premises or marketed to other than the

27
ultimate consumer. This use category typically involves the on-site storage of fuels or hazardous
chemicals in bulk quantities or generate noise, vapors, odor, vibration, illumination, hazardous
waste, pollution or particulate matter that may be offensive or obnoxious to adjacent land use
and/or that are subject to regulatory license, permit or other approval requirements. This use
category shall include any packaging of the product being manufactured on-site. Examples of
heavy manufacturing uses include, without limitation, large-scale food and beverage operations,
intensive metal fabrication facilities, and plastic processing and production.

MANUFACTURING, LIGHT

This use category includes establishments or facilities which manufacture products from
previously prepared materials of finished parts or finished products, including processing,
fabrication, assembly, treatment and packaging of such products, and incidental storage, sales
and distribution of such products but excluding basic industrial processing and custom
manufacturing. Establishments or facilities in this use category typically do not generate noise,
vapors, odor, vibration, hazardous waste, pollution, or particulate matter that may be offensive or
obnoxious to adjacent land uses.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual

sleeping quarters with direct outside access, designed primarily for travelers, and provided with
related offices and accessory off-street parking facilities. The term "motel" includes buildings
designated as motor lodges and similar terms but shall not be construed to include parking areas
for recreational vehicles or motor homes, or to include dwellings except for that of the resident
owner or manager.

MOTOR VEHICLE SALES AND LEASING

Any building, land area, or other premises used or intended to be used for the display and retail
sale or leasing of automobiles, boats, trucks or other similar vehicles.

MOTOR VEHICLE SERVICE AND REPAIR, MAJOR

An establishment involved in the repair of construction equipment, commercial trucks and

similar heavy equipment, including automobiles, where major repairs are conducted. This use
category typically includes automobile repair garages, transmission shops, body and fender
shops and similar uses where major vehicular or construction equipment repair activities are
conducted.

MOTOR VEHICLE SERVICE AND REPAIR, MINOR

Any building, land area, or other premises used or intended to be used for the retail dispensing or
sales of automobile fuels, which activity may be accompanied by accessory uses such as sales of
lubricants, tires, accessories or supplies, minor automobile repairs or a single-bay auto wash;
provided however, that automobile wrecking, major automobile repairs, parking or storing of
automobiles for hire, and the operation of more than one towing vehicle shall not be deemed
permissible accessory uses.

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 1303.2.14 “N”

NURSERY SCHOOL

This term shall be as defined in 8 N.Y.C.R.R. Part 125.

NURSING HOME

An establishment which provides full-time convalescent or chronic care, or both, for three or
more individuals who are not related by blood or marriage to the operator and who, by reason of
advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the
acutely ill or surgical or obstetrical services shall be provided in such an establishment. A
hospital shall not be construed to be included in this definition.

1303.2.15 “O”

OFFICE

The use of a building or a portion of a building for the provision of executive, consulting,
professional, management, or administrative services. Typical uses include, but are not limited
to, administrative offices and services including advertising, accounting, architecture, archival
services, design, engineering, financing, government, human health care, insurance, investment,
law, medical, dental, laboratory testing service, personnel, property management, real estate,
secretarial services, telephone answering, travel, and business offices of public utilities,
organizations and associations, or other use classifications when the service rendered is that
customarily associated with office services. Office uses also include vocational, trade and
business schools and television and radio studios.

1303.2.16 “P”

PARKING AREA / LOT

An off-street area used for the temporary parking of more than four motor vehicles and available
to the general public, or to accommodate employees, clients, customers, or residents, excluding
private driveways.

PARKING, COMMERCIAL

Any land area that is used or intended to be used for parking that is not accessory to a specific
building or use.

PARKING SPACE

An area for the temporary storage of a motor vehicle, which meets the dimensional requirements
of this Zoning Ordinance and is located in other than a public street or other public way and
having a permanent means of access to a public street or public alley without requiring passage
through another parking space.

29
PARKS, OPEN SPACE AND NATURAL AREAS

An area or portion of land, either landscaped or essentially unimproved, which contains or is

dedicated to restoring or protecting the ecological function of waterways, flora, fauna, and/or
unoccupied area open to the sky.

PARKS, PUBLIC USE AND RECREATION AREAS

Land areas consisting of or including natural vegetated areas, landscaped areas, outdoor
recreation, community gardens, and/or or public squares. Examples include parks, ball fields,
golf courses, cemeteries, plazas, and nature-preserves where public access is provided.

1303.2.17 “Q”

1303.2.18 “R”

RAIL TRANSIT FACILITY

Includes train stations and their accessory structures.

RECREATION, COMMERCIAL OUTDOOR

A recreational land use conducted outside of a building, characterized by athletic fields,

miniature golf, skateboard parks, swimming, bathing and other therapeutic facilities, tennis,
handball, basketball courts, batting cages and similar uses.

RECYCLING OPERATION

A use in an enclosed building where one or more non-putrescible recyclable materials are
accumulated, stored, sorted, or processed, by crushing, breaking, sorting and/or packaging, but
not including any use, which is defined as a “Junkyard”. A recycling operation may receive
recyclable materials from drop-off centers, from a household or business pick-up operation, or
from commercial or industrial uses. A recycling operation does not include the processing of
yard debris or other decomposable material except for clean paper products. This use shall not
include burning, incinerating or thermally destroying solid waste.

RESIDENTIAL USE CATEGORIES

1. ACCESSORY DWELLING UNIT: A separate and complete dwelling unit established in

conjunction with and subordinate to a primary dwelling unit, whether a part of the same
structure as the primary dwelling unit or a detached dwelling unit on the same lot.

2. DUPLEX/SEMI DETACHED: A building designed as a single structure, containing two

separate living units, each of which is designed to be occupied as a separate, permanent
residence.

3. DWELLING UNIT: one or more rooms consisting of living, cooking, sanitary, and sleeping
facilities arranged for the use of one family.

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4. GROUP LIVING: Characterized by the residential occupancy of a structure by a group of
people who are not considered part of a household. Typical uses include dormitories,
fraternities and sororities, nursing homes, homes for the disabled, and post incarceration
facilities.

5. MULTI-DWELLING STRUCTURE: a building containing three or more dwelling units.

6. SINGLE DETACHED DWELLING: An unattached building containing one dwelling unit.

7. TOWNHOUSE: A one-family dwelling unit, with a private entrance, which is part of a

structure whose dwelling units are attached horizontally in a linear arrangement and having a
totally exposed front and rear wall to be used for access, light and ventilation.

RESTAURANT

A structure in which the principal use is the preparation and retail sale of food and/or beverages
for on-premises consumption.

RETAIL SALES AND SERVICE

The sale, lease, or renting of new or used goods, articles or consumer services to the general
public. Such services may include, by way of illustration, the sale of electronic equipment,
furniture, branch banks, laundromats, personal care services, health clubs, gyms, bowling alleys,
pool halls, repair of televisions and other appliances, bicycles, clocks and shoes, office
equipment, tailoring and locksmiths. This use category does not include vehicle sales,
lumberyards, sale of landscape materials.

RELIGIOUS FACILITIES

A building or buildings used for public worship by a congregation. Religious facilities include
churches, synagogues, temples, mosques, and other places of religious worship.

1303.2.19 “S”

SATELLITE EARTH STATION

An accessory structure capable of receiving or sending, for the sole benefit of the principal user,
radio or television signals from a transmitter/receiver, or transmitter relay located in planetary
orbit.

SCHOOL, PUBLIC AND PRIVATE

Include public and private schools at the primary, elementary, middle, junior high, or high school
level that provide state-mandated basic education. These uses do not include vocational, trade or
business-type schools (see “OFFICE”).

SHOPPING CENTER

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A building or group of buildings developed as a single integrated development containing a
combination of retail establishments occupying five or more acres and sharing common on-site
parking or access.

SIGHTSEEING AGENCY

As defined pursuant to Chapter 375 of the City of Niagara Falls Codified Ordinance.

SIGN

As defined pursuant to Chapter 1121 of the City of Niagara Falls Codified Ordinance.

STORAGE, SELF-SERVICE

A building or group of buildings containing separate storage compartments which may be leased
or rented individually to the public.

STORY

As defined by the Uniform Code.

STRUCTURE

Anything constructed or erected with a fixed location on the ground above grade but not
including, the use of which requires location on the ground, or attachment to something having
location on the ground.

SWIMMING POOL

As defined by the Uniform Code.

1303.2.20 “T”

TELECOMMUNICATION FACILITY

A facility used in connection with the provision of wireless communication services, including
cellular telephone services, personal communications services, radio and television broadcast
services and private radio communications services, which are regulated by the Federal
Communications Commission in accordance with the Telecommunications Act of 1996 and
other federal laws. The term shall include antenna(e), principal and accessory
telecommunication equipment and supporting masts, monopoles and structures, towers,
buildings, appurtenances servicing same, required parking or landscaped areas, and other
accessory development accessory thereto.

TEMPORARY USE

A use established for a fixed period of time with the intent to cease such use upon the expiration
of the time period, which shall not exceed six months. Such uses do not involve the construction
or alteration of any permanent structure

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TOURISM and SIGHTSEEING-ORIENTED

Businesses and establishments providing services for persons traveling for pleasure including
sightseeing agencies, guides, tourist booths, and similar activities. This definition does not
include accommodation establishments such as hotels, motels and bed and breakfasts which offer
the sale of tours as a service incidental to the provision of lodging but do not advertise such tours
to the general public.

TOURIST BOOTH

Any structure upon any plot of land, the majority of the floor area of which is used for the
reservation or sale of sightseeing tours. This definition shall not apply to the unadvertised sale of
tours located in a hotel/motel lobby as a service incidental to the provision of lodging.

1303.2.21 “U”

URBAN RENEWAL

As defined pursuant to Article 15, Section 502 of the New York State General Municipal Law.

URBAN RENEWAL AREA

As defined pursuant to Article 15, Section 502 of the New York State General Municipal Law
and as adopted the Niagara Falls Urban Renewal Agency and made part of the Zoning Ordinance
as shown on Schedule 3.

UTILITY, PUBLIC

Publicly owned and operated utilities such as water distribution, electricity transmission, utility
substations, and waste water collection infrastructure. In addition, these uses include public
safety facilities such as fire and police stations and municipal buildings. This term shall not
include energy producing facilities including wind turbines and similar alternative energy
technologies.

UTILITY, PRIVATE

Private sector utilities or service providers including ground-wired and cable telecommunication
infrastructure; overhead or underground electric and gas transmission and distribution lines.
This term shall not include energy producing facilities including wind turbines and similar
alternative energy technologies.

1303.2.22 “V”

VETERINARY CLINIC

An animal hospital, or any facility for the medical care and/or treatment of animals, including
shelters and related facilities but shall not be construed to mean an animal kennel.

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 1303.2.23 “W”

WAREHOUSE

A building or premises used for the storage and distribution of wholesale goods, wares and
merchandise, excluding bulk storage of petroleum, hazardous substances and materials that are
flammable or explosive.

WASTE-RELATED

Uses that involve the receipt, collection, processing, re-use, energy recovery or other
management of solid, liquid, sanitary or hazardous wastes generated off-site. Such uses shall
include, without limitation, composting and bioremediation facilities.

WHOLESALE ESTABLISHMENT

An establishment primarily engaged in selling and/or distributing merchandise to retailers, users,

firms, or other wholesalers, as well as activities involving the movement and storage of products
and equipment.

1303.2.24 “X”

1303.2.25 “Y”

YARD, FRONT

A yard extending across the full width of the lot and lying between the front line of the lot and the nearest
line of the building

YARD, REAR

A yard extending across the full width of the lot and lying between the rear line of the lot and the
nearest line of the building.

YARD, SIDE

A yard between the side property-line of the lot and the nearest line of the building façade, and extending
from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line,
as the case may be.

1303.2.26 “Z”

ZONING MAP, OFFICIAL (SCHEDULE 8)

The map delineating the boundaries of districts, along with the zoning text shall comprise the
City of Niagara Falls Zoning Ordinance.

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1304 RESERVED

1305 RESERVED

1306 RESERVED

1307 RESERVED

1308 RESERVED

35
 1309 REGULATIONS FOR SIGNAGE

1309.1 Purpose

The purpose of this ordinance is to establish standards for the fabrication, erection, and use of
signs, symbols, markings, and advertising devices within the City. These standards are designed
to protect and promote the public welfare, health and safety of persons within the community and
to aid in the development and promotion of business and industry by providing sign regulations
which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such
devices without creating detriment to the general public.
The intent of this Chapter is to achieve the following objectives:
A. Ensure right to free speech as protected under the United States and New York State
Constitution;
B. Establish a clear and impartial process for those seeking to install signs;
C. Protect property values, create a more attractive economic and business climate, and
protect the physical appearance of the community;
D. Provide structures and uses with effective means of identification while reducing visual
clutter through the prevention of excessive and confusing sign displays;
E. Reduce traffic conflicts or hazards by minimizing visual distractions or obstacles in or
visible from the public rights-of-way;
F. Reduce the adverse effects of signage on the desirable aesthetic of the City and on the
general environment of the community; and
G. Enforce and encourage the objectives and goals of the City’s Comprehensive Plan.

1309.2 Applicability

A. The regulations of this Chapter shall govern and control the erection, enlargement,
expansion, renovation, operation, maintenance, relocation and removal of all signs within the
City visible from any street, sidewalk, public right-of-way, or public space.
B. The provisions of this Chapter shall not apply to safety signs, road signs, historical markers,
or highway directional signs erected by municipal or public agencies.
C. This Chapter shall in no event be construed to prohibit the temporary decoration of premises
in any district during religious, patriotic or holiday seasons in a customary manner.

36
D. If any portion of this Chapter is found to be in conflict with any other provision of any
zoning, building, fire safety or health ordinance of the City or other local or state agency, the
provision which establishes the higher standard shall prevail.

1309.3 Sign Permits

A. Permit Required
Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be
erected, altered, constructed or relocated any sign without first having obtained a sign permit
from the City of Niagara Falls Sign Officer as required by this Chapter.
B. Signs Requiring Permits
Sign permits are required for certain sign types, depending upon its location, design, or size. The
table below indicates when a permit is required by each sign type.

SIGN TYPE NO SIGN SIGN REGULATIONS

PERMIT PERMIT
A-Frame
—On Private Property  § 1309.13 (A)
—In Public Right-of-Way  § 1309.13 (A)
Awning  § 1309.16 (F)
Directional  § 1309.13 (B)
Governmental  § 1309.13 (C)
Ground  § 1309.16 (A)
Incidental  § 1309.13 (D)
Internal  § 1309.13 (E)
Lawn  § 1309.13 (F)
Marquee/Canopy  § 1309.16 (I)
Neon  § 1309.13 (G)
Noncommercial  § 1309.13 (H)
Pole  § 1309.16 (B)
Projecting  § 1309.16 (D)
Suspended  § 1309.16 (E)
Wall  § 1309.16 (C)
Window  § 1309.16 (G)
Temporary  § 1309.16 (H)

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C. NYS Office of Parks, Recreation, and Historic Preservation Permit

Per Section 13.07 of NYS Parks, Recreation, and Historic Preservation Law, any proposed sign
within 500 feet of a State Park or Parkway boundary shall require a permit from the NYS Office
of Parks, Recreation, and Historic Preservation.
1. Signs no more than 24 square feet in area, less than 15 feet above ground level, and
located on the front of a building are exempt from this provision.
2. NYS Parks, Recreation, and Historic Preservation Law permit approval must be obtained
prior to submitting a sign application to the City of Niagara Falls.
D. Permit Exceptions
The following actions shall not require the issuance of a sign permit provided such maintenance,
changes, or alterations do not in any way alter the physical size, design, or nature of the sign.
1. Normal maintenance and repair of a sign not involving structure changes, including, but
not limited to, repainting, repairing, changing of parts, or cleaning.
2. Changes to the content of show window displays and permitted temporary signs.
E. Changes in Ownership
Changes in the sign user, owner, or owner of the property on which the sign is located.
F. Alteration
Any sign for which a permit has been issued shall not be modified, relocated, altered, or
replaced, unless an amended or new sign permit is obtained from the Sign Officer.
G. Expiration
A sign permit shall expire if the sign for which the permit has been issued is not fully
constructed within 180 days from the date of issuance of the sign permit. The Sign Officer
may grant an extension provided the applicant submits a written request with sufficient
reason for the delay in construction.
H. Revocation
The Sign Officer, at any time for a violation of this Chapter, may issue a notice of violation.
A written notice of the violation including all reasons for the violation shall be mailed to the
property, building, and/or sign owner. Said violation must be corrected within 30 days of the
date of notice, otherwise the sign permit shall be revoked and the sign in question shall be
required to be removed.

1309.4 Sign Permit Applications

A. Application Submittal

38
 1. Sign permit applications shall be submitted to the Sign Officer on the appropriate forms
provided by the City of Niagara Falls.
2. Incomplete applications will not be processed. The Sign Officer shall provide written or
electronic notice of application deficiencies to applicants. If such deficiencies are not
corrected within 30 days of notice, the application will be considered withdrawn.
B. Application Requirements
The following shall be provided in all sign permit applications. The Sign Officer may require
application materials to be prepared by a licensed engineer or sign professional if deemed
necessary for adequate review of the proposed sign.
1. Name, address, contact information, and signature of the applicant.
2. Name, address, and signature of the building and/or property owner (if not the applicant),
and a statement of consent for the applicant to seek such sign permit.
3. All applicable permit fee(s).
4. Dimensions and drawings indicating the size, shape, construct, materials, and layout of
the proposed sign(s).
5. Site plan and elevations indicating the proposed location and size of the sign(s) drawn to
scale.
6. Color illustrations and/or photographs of the proposed sign and sign area.
7. Proposed illumination system, if any, and the type of lighting to be used.
8. Proof of NYS Parks, Recreation, and Historic Preservation Law permit approval, if
applicable (refer to Section 1309.03(C) of this Chapter).
9. Any reasonable additional site and/or sign information deemed necessary by the Sign
Officer for the proper review of such application.

1309.5 Review Procedures

A. Administrative Review Procedures.

1. The Sign Officer may approve, approve with modifications, or deny a sign application as
part of administrative review.
2. The Sign Officer shall issue a sign permit only when an application therefore has been
properly made and it is determined that the sign complies with this Chapter and all other
applicable local, state, and federal laws and ordinances.

39
 3. The Sign Officer may, at his or her discretion, refer any sign application to the Planning
Board for review and issuance of an advisory opinion. Such review may occur at any
regularly or specially scheduled Planning Board meeting.
4. The Sign Officer may utilize the opinion of the Planning Board in the issuance of his or
her decision to approve, approve with modifications, or deny a sign application.
5. Any person aggrieved by a decision for a sign permit by the Sign Officer may submit an
appeal to the City of Niagara Falls Zoning Board of Appeals. Such appeal must be made
within 30 days of the date of decision.
B. City Council Review
Applications for signs that encroach upon public property shall be subject to review and approval
by City Council under the following procedures. A-frame signs located in the public right-of-
way shall be permitted in accordance with Section 1309.13 (A).
1. Sign permit applications shall be submitted to the Sign Officer at least 10 business days
prior to the City Council meeting at which such application is to be considered. Upon
receipt of all required information, the Sign Officer will submit all materials to the City
Council for their review.
2. The City Council shall review all sign applications received from the Sign Officer. Such
review may occur at any regularly or specially scheduled City Council meeting.
3. The City Council may approve, approve with modifications, or deny a sign permit
application upon consideration of the application's conformance to the applicable
requirements contained in this Chapter, consistency with the architectural style of the
building or structure with which the proposed sign or signs is associated, and all other
applicable laws and ordinances.
4. The City Council may, at their discretion, refer any sign application to the Planning
Board for review and issuance of an advisory opinion. Such review may occur at any
regularly or specially scheduled Planning Board meeting.
5. The City Council may utilize the opinion of the Planning Board in the issuance of their
decision to approve, approve with modifications or deny a sign application.
C. Site Plan or Special Permit Review
Developments subject to review and approval under the City of Niagara Falls Zoning Ordinance
shall have proposed signage reviewed and recommended for approval as part of the special
permit or site plan review process. In the event of such review, all required sign permit
application materials shall be provided as part of the special permit or site plan application. For
special permits, refer to Chapters 1302 and 1328 of this Zoning Ordinance. For site plan review,
refer to Chapters 1324 and 1319 of this Zoning Ordinance.

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 1309.6 Measurement

A. Sign Area
1. Single Sign Face. The area of a sign shall be computed by means of the smallest square,
circle, rectangle, triangle, or geometric combination thereof that will encompass the
extreme limits of the writing, representation, emblem, graphic, and/or other display,
together with any material, backdrop, or structure on which it is placed.

FIGURE 1 FIGURE 2

Width

See Figures 1 and 2 below.

2. Multi-Faced Signs. In the case of a multi-faced sign only one side of the sign is
considered in determining sign area if the sides of the sign are back-to-back or diverge at
an angle of forty-five (45) degrees or less.
3. Structural Support Not Included. The supporting structure or bracing of a sign shall not
be computed as part of the sign area unless such supporting structure or bracing is made a
part of the message with the inclusion of any text or graphics. If such is the case, a
combination of regular geometric shapes which can encompass the area of said text or
graphics shall be included as part of the total sign area computation.
B. Sign Height
1. Freestanding Sign. The height of a freestanding sign shall be calculated by measuring the
vertical distance between the top part of such sign or its structure, whichever is highest,
to the elevation of the ground directly beneath the center of the sign. See Figures 3 and 4.
2. Other Signs. The height of an awning, projecting, suspended, wall, or window sign shall
be determined by measuring the vertical distance between the top part of the sign face or
structure, whichever is highest, to the bottommost edge of the sign face. See Figures 1
and 2.

41
 FIGURE 3 FIGURE 4

POLE

1309.7 Safety and Provisions

All signs shall be designed, constructed, and located in accordance with the following criteria to
protect the general health, safety, and welfare of the public.
A. No sign shall be erected, constructed, or maintained so as to obstruct free egress from a
window, door or fire escape, to interfere with any opening required for ventilation, or to
become a menace to life, health or property.
B. No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner
that obstructs free and clear vision for pedestrians, bicyclists, and motorists.
C. No sign shall be of a shape, color, or design that may be confused with any authorized traffic
control device.
D. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be
used with any sign display.
E. Signs shall maintain clearance from high voltage power lines.
F. The erection of any sign and its supports, including any wiring and/or electrical components
utilized therein, shall be consistent with the requirements of the International Building Code,
NYS Uniform Code and National Electrical Code, as applicable, including any updates or
amendments thereto.
G. The erection of any sign, its supports, wiring, or other structural and/or electrical elements
may be subject to inspection and approval by the Sign Officer.

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 1309.8 Design and Construction

A. All signs shall be constructed of permanent, weather resistant, and durable materials, except
for banners, flags, temporary signs, and window signs otherwise in conformance with this
Chapter.
B. Where applicable, signs shall be supported by sign structures that are designed to resist wind
pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the
NYS Uniform Code. All sign supports may be reviewed as part of the sign design.
C. All sign lettering shall be permanently affixed to the sign. Ground signs utilizing manual
changeable copy shall be enclosed and locked.
D. No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted
metal. All wood components of signs must be sealed and protected from the elements.

1309.9 Location

A. No sign may be posted on public property or within a public right-of-way, unless otherwise
approved by City Council. Signs encroaching upon or projecting over the public right-of-way
shall also require City Council approval.
B. All signs must comply with the dimensional and setback requirements herein.
C. No sign shall obscure, alter, or cover the architectural features of any building. Architectural
features are generally not considered primary building materials.
D. All signs shall be located on the site being promoted, identified, or advertised, except for
billboards as provided for under Section 1309.17 of this Chapter.
E. All signs shall maintain at least a six-foot setback from all property lines, unless otherwise
noted within this Chapter.
F. No signage shall be permitted over four feet in height within the sight triangle. The sight
triangle shall have dimensions of six feet for each leg as measured from the intersection of
any property line and/or the driveway and more specifically as illustrated in Schedule 10 of
the City of Niagara Falls Zoning Ordinance.
G. Per Section 13.07 of New York State Parks, Recreation, and Historic Preservation Law, any
proposed sign within 500 feet of a State Park or Parkway boundary shall require a permit
from the NYS Office of Parks, Recreation, and Historic Preservation. See Section
1309.03(C).

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 1309.10 Illumination

A. In no event shall any illuminated sign or lighting device be placed so as to permit the beams
and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent
premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
B. All lighting fixtures shall be shielded and directed so as not to cast an illumination of more
than two foot-candles on adjacent nonresidential properties or more than one-tenth (0.1) foot-
candle on adjacent residential properties.
C. Intermittent illumination or illumination which involves movement or causes the illusion of
movement resulting from the arrangement of lighting, is prohibited.
D. Overhead wires or exposed wires on a sign or its supporting members are prohibited.
E. External lighting fixtures for freestanding signs may be mounted on the ground or on the
sign.

1309.11 Maintenance and Repair

A. All signs shall be maintained in safe and good structural condition, in compliance with all
applicable building and electrical codes, and in conformance with this Chapter at all times.
B. Such maintenance includes replacement of all defective bulbs, parts, materials, painting,
repainting, cleaning, replacement of copy, and other acts required for maintenance of such
sign. If any sign does not comply with these standards, the Sign Officer may require its
removal.
C. All permitted signs may be subject to inspection by the Sign Officer. Upon inspection, the
sign owner shall be required to pay the appropriate fee as may be approved by the City
Council.

1309.12 Removal of Signs

A. Where required by this Chapter, the removal of signs shall be the sole responsibility of the
property owner. If said sign is not removed within 30 days of the date of written notice by the
Sign Officer, the Sign Officer or designee is authorized to affect its removal.
B. The Sign Officer may remove any sign that is found to be in violation of this Chapter. The
property owner shall subsequently be given written notice of such sign removal. If the sign is
not claimed within 30 days of the written notice, the Sign Officer may dispose of the
removed sign.
C. Any costs incurred for the removal of a sign shall be fully reimbursed to the City of Niagara
Falls by the sign permit holder or property owner. Such costs may be assessed to the property
for collection by the City.

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 1309.13 Signs Authorized Without a Permit

The following types of signs may be erected in the City without obtaining a sign permit.
Although permits are not required for these signs, they shall conform to all other requirements of
this Chapter or may be subject to removal by the Sign Officer.
A. A-Frame Signs
A-frame signs shall not require a permit provided the following conditions are met:
1. The sign is located, on private property, in a nonresidential district and;
2. The sign does not interfere with vehicular, pedestrian, or bicycle ingress, egress, access
or visibility. The Sign Officer, or their designee, may order a sign to be moved or
removed if, in their determination, it interferes with ingress, egress, pedestrian
movement, is otherwise unsafe to the public;
3. There is no more than one a-frame sign per use and the sign does not exceed four feet in
height and three feet in width. Uses with more than one street frontage may be permitted
one A-frame sign per frontage, provided such signs are otherwise in accordance with this
law;
4. The sign is not illuminated, and;
5. The sign is brought in each day at the close of business.
6. If the sign is to be located within the public right-of-way, the issuance of a sign permit
shall be required. For any such sign, the City of Niagara Falls will be indemnified to the
fullest extent allowable under New York State Law and named as an additional insured
on the property or business owner's liability insurance in a minimum amount of one
million dollars ($1,000,000.00) and in a form acceptable to the Corporation Counsel.
B. Directional Signs
Signs that provide direction to pedestrians, bicyclists, or motorists shall not require a sign permit
provided the following conditions are met. Such signs may include but are not limited to signs
providing direction to parking, restrooms, walkways, entrances, or exits. The illumination of
directional signs shall require the issuance of a sign permit.
1. Directional signs shall be located entirely on the property to which they pertain and shall
not contain a commercial message (e.g. business name).
2. The total of directional signs on any one property shall not exceed an area of six square
feet in a residential district, or 16 square feet in a nonresidential district. Consideration
shall be given to the visibility of such sign by the intended users, such as motorists,
pedestrians, or bicyclists.
3. Directional signs shall not exceed three feet in height.

45
 4. Directional signs shall not extend above the first floor of any given structure or project
beyond property lines.
C. Governmental Signs
Any official sign, public notice, or warning sign supported by federal, state or local law,
including but not limited to signs erected and maintained pursuant to and in discharge of any
government functions. (Example: NYS inspection station or authorized repair shop
identification). There are no size requirements or time limits for governmental signs.
D. Incidental Signs
Signs typically erected to identify addresses, restrooms, hours and days of operation, public
utility locations, emergency addresses, and the like, containing no commercial message are
permitted, provided the following conditions are met:
1. The sign is a wall sign.
2. The sign is not illuminated.
3. No sign exceeds an area of four-square feet in a residential district, or 12 square feet in a
nonresidential district.
4. Incidental signs shall not extend above the first floor of any given structure or project
beyond property lines.
A. Internal Signs
Signs within a building not legible from the public right-of-way or adjacent lots, or any sign
within an enclosed outdoor space, such as an athletic field, where such sign is intended only to
be seen from within the enclosed space and is so oriented. No internal sign may be constructed as
a freestanding sign.
B. Lawn Signs
Lawn signs shall be allowed on any lot without a permit provided it is in conformance with the
regulations below.
1. No single sign exceeds three feet in height and six square feet in area.
2. No sign is displayed for more than 60 days in a 120-day period.
3. No sign is illuminated.
4. The cumulative area of all signs on the lot does not exceed 12 square feet.
C. Neon Signs
Neon signs are permitted in nonresidential districts, and do not require a permit provided they
conform to the following:

46
 1. Maximum Area coverage per use, in any District, shall be no more than as provided
under Section 1309.16.G. (Max. Area only).
2. Excluding graphics or graphics in connection with customary display of products, and no
use shall have more than three excluded neon signs per use, per facade.
3. Neon signs that exceed these standards shall be re-defined to an appropriate type by the
Sign Officer.
D. Noncommercial Signs
Any sign that does not contain a commercial message shall not require the issuance of a sign
permit, provided such sign is in conformance with the following:
1. There shall be no more than one sign per use.
2. The sign does not exceed three feet in height and six feet in area.
3. The sign is not illuminated.
4. The sign is not attached to any permanent building or structure.

1309.14 Prohibited Signs

The following signs are prohibited within the City:

A. Any sign for which no sign permit was issued, for which a sign permit was revoked, or any
other sign not explicitly authorized herein.
B. Any sign that is not properly maintained, considered structurally unsound, hazardous, or
otherwise unsafe.
C. Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on or
over any public street unless otherwise permitted by this Chapter.
D. Any sign that advertises an activity, business, product or service no longer conducted or
available on the premises on which the sign is located.
E. Any sign that is located off-premise from the use and/or structure to which it serves, unless
otherwise permitted by this Chapter.
F. Any sign that contains words or pictures of an obscene or pornographic nature.
G. Any sign that emits audible sounds, odor, or visible matter.
H. Any sign that may be confused with a traffic control sign, signal or device or the light of an
emergency or road equipment vehicle or any sign which hides from public view any traffic or
street sign, signal, or device.

47
I. Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices,
mirrors, or reflective material.
J. Any permanent sign that is mounted on wheels or mounted on any structure on wheels, not
including registered commercial vehicles upon which a commercial message is displayed.
K. Any sign that is painted on a wall, fence, or other structure, except for works of art that
contain no commercial message.
L. Any sign projecting above the roofline of a structure.
M. Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is
utilized as temporary signage subject to the regulations of Section 1309.16(H).

1309.15 Regulations by Zoning District

A. The following table indicates the number and types of signs permitted in the City of Niagara
Fall Zoning Districts, as established by the City Zoning Ordinance.
1. A "+" indicates that the sign type is permitted and may be illuminated.
2. A "" indicates that the sign type is permitted but may not be illuminated.
3. Where there is a blank cell, the sign type is prohibited.
PROJECTING

TEMPORARY
MAX #
SUSPENDED

MARQUEE
SIGNS
WINDOW
ZONING DISTRICTS
GROUND

AWNING

PER USE
WALL
POLE

1
R1-A, B, C & D; R2-A & B; 1  
R3-A & B
R3-C; R4; INS; C1-A, B & 2 + + + +   
C
C2-A & B; D2-A & B 2 + + + + +    
C3, I1 & I2 2 + + + + +    
D1-A, B, C & D; D3 2 + + + + +    
OS 1 + + 
TYPE REQUIREMENTS § 1309.16 A B C D E F G H I
Note: (1) Window and temporary signs shall not count towards the allotted signage for any given use.

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BUILDING/DEVELOPMENT PERMITTED SIGN TYPE & STANDARDS
CONFIGURATION
Single- or Multi-Family Residential Development

Per Entrance One Ground Sign,

max height 4 ft and max area 24 sf

Mixed-Use or Multi-Tenant Commercial Development

Per Use or Tenant Up to 2 different sign types in conformance with §1309.16,

except ground and pole signs shall be prohibited

Per Lot One Ground Sign,

max height 10 ft and max area 50 ft

Multi-Story, Mixed-Use or Multi-Tenant Commercial Building

Per First-Floor Use Up to 2 different sign types in conformance with §1309.16

All Upper Floor Uses One wall, projecting, or suspended sign in conformance with §1309.16,
such sign shall be shared by upper floor uses

Corner Building

Additional Per Facade One additional sign type per façade in conformance with §1309.16,
provided signs on each façade are identical in type, proportional in size,
and consistent in placement

B. There are certain building and development configurations that warrant the permission of
additional signage to provide adequate visibility and identification for motorists, pedestrians,
and bicyclists. The following table indicates the permitted number of signs and sign types for

49
 such certain building and development configurations. Unless noted as additional signage,
these regulations supersede that of the previous Subsection A, regardless of zoning district.

1309.16 Regulations by Type

A. Ground Sign
A sign not attached to any building or structure, which may be supported by one or two columns
or posts provided the distance between the ground and bottommost edge of the sign is no greater
than three feet.
1. All ground signs shall be in conformance with the standards of the following table.
2. No sign shall be permitted where the principal structure on the lot has a front setback of
less than 20 feet.
ZONING R3-C, R4, INS, C2-A, B C3 D1-A, B, C, D OS
DISTRICTS C1-A, B, C D2-A, B I1, I2 D3
MAX NUMBER 1 per lot 1 per lot 1 per lot 1 per lot 1 per lot
MAX AREA 20 sf 24 sf 36 sf 24 sf 24 sf
MAX HEIGHT 4 ft 5 ft 6 ft 5 ft 4 ft
ILLUMINATION Internal or Internal or Internal or Internal or External Only
External External External External

B. Pole Sign
A sign not attached to any building or structure, which may be supported by one or two columns
or posts where the distance between the ground and bottommost edge of the sign is greater than
three feet.
1. All pole signs shall be in conformance with the standards of the following table.
2. No sign shall be permitted where the principal structure on the lot has a front setback of
less than 20 feet.
ZONING C2-A, B C3 D1-A, B, C, D
DISTRICTS D2-A, B I1, I2 D3
MAX NUMBER 1 per lot 1 per lot 1 per lot
MAX AREA 16 sf 20 sf 16 sf
MAX HEIGHT 15 ft 15 ft 15 ft
ILLUMINATION Internal or External Internal or External Internal or External

C. Wall Sign

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A sign fastened to the wall of a building or structure in such a manner that the wall becomes the
supporting structure for or forms the background surface of the sign and which does not project
outward more than 12 inches from such building or structure.
1. All wall signs shall be in conformance with the standards of the following table.
ZONING R1-A, B, C, R3-C, R4, C2-A, B C3 D1-A, B, C, D OS
DISTRICTS D INS, D2-A, B I1, I2 D3
R2-A, B C1-A, B, C
R3-A, B
MAX NUMBER 1 per use 1 per use 1 per use 1 per use 1 per use 1 per use
MAX AREA 6 sf 16 sf 36 sf 20% of the 20% of the 24 sf
building building façade
façade OR OR 100 sf,
100 sf, whichever is
whichever is less
less
MAX HEIGHT 2 ft 3 ft 4 ft 10 ft 10 ft 4 ft
ILLUMINATION Not External Internal or Internal or Internal or External
Permitted Only External External External Only

D. Projecting Sign
A sign which is wholly dependent upon a building for support and which projects more than 12
inches from such building.
1. All projecting signs shall be in conformance with the standards of the following table.
ZONING R3-C, R4, INS, C2-A, B C3 D1-A, B, C, D
DISTRICTS C1-A, B, C D2-A, B I1, I2 D3
MAX NUMBER 1 per use 1 per use 1 per use 1 per use
MAX AREA 8 sf 16 sf 16 sf 16 sf
MAX SIGN 3 ft 4 ft 4 ft 4 ft
HEIGHT
MIN 9 ft 9 ft 9 ft 9 ft
CLEARANCE
ILLUMINATION External Only Internal or External Internal or External Internal or External

E. Suspended Sign
A sign attached to and supported by the underside of a horizontal plane.
1. All suspended signs shall be in conformance with the standards of the following table.
ZONING R3-C, R4, INS, C2-A, B C3 D1-A, B, C, D
DISTRICTS C1-A, B, C D2-A, B I1, I2 D3
MAX NUMBER 1 per use 1 per use 1 per use 1 per use
MAX AREA 8 sf 16 sf 24 sf 16 sf
MAX HEIGHT 3 ft 4 ft 6 ft 4 ft
MIN 9 ft 9 ft 9 ft 9 ft
CLEARANCE
ILLUMINATION External Only Internal or External Internal or External Internal or External

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F. Awning Sign
A sign that is part of or attached to a roof-like protective cover of canvas or other flexible
material over a door, entrance, window or outdoor service area that projects from the facade of a
structure.
1. All awning signs shall be in conformance with the standards of the following table.
ZONING R3-C, R4, INS, C2-A, B C3 D1-A, B, C, D
DISTRICTS C1-A, B, C D2-A, B I1, I2 D3
MAX NUMBER 1 per awning 1 per awning 1 per awning 1 per awning
MAX AREA 25% of awning 25% of awning 25% of awning 25% of awning
surface area surface area surface area surface area
MAX HEIGHT 2 ft 2 ft 2 ft 2 ft
MIN 9 ft 9 ft 9 ft 9 ft
CLEARANCE
ILLUMINATION External Only External Only External Only External Only

G. Window Sign
A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other
window material, or located inside within three feet of the window, but shall not include graphics
in connection with customary display of products.
1. All window signs shall be in conformance with the standards of the following table.
2. Window signs shall be limited to first floor windows only.
ZONING R3-C, R4, INS, C2-A, B C3 D1-A, B, C, D
DISTRICTS C1-A, B, C D2-A, B I1, I2 D3
MAX NUMBER N/A N/A N/A N/A
MAX AREA 25% of window 25% of window 50% of window 50% of window
ILLUMINATION Not Permitted Not Permitted Not Permitted Not Permitted

H. Temporary Sign
A sign which is not intended to be used for a period of time exceeding 60 days and is not
attached to a building, structure, or ground in a permanent manner.
1. All temporary signs shall be in conformance with the standards of the following table.
2. Temporary signs shall not be displayed for more than 60 days in a 120-day period. This
may be extended for up to two additional 60-day periods upon written request to the Sign
Officer setting forth the special circumstances requiring such extension.
3. Temporary signs shall not project above the first floor of any building or beyond property
lines.

52
 ZONING R1-A, B, C, R3-C, R4, C2-A, B C3 D1-A, B, C, OS
DISTRICTS D INS, D2-A, B I1, I2 D
R2-A, B C1-A, B, C D3
R3-A, B
MAX 1 per use 1 per use 1 per use 1 per use 1 per use 1 per use
NUMBER
MAX 12 sf 12 sf 32 sf 44 sf 44sf 24 sf
AREA
MAX 3 ft 3 ft 6 ft 8 ft 10 ft 4 ft
HEIGHT

E. Marquee/Canopy Sign
A sign attached to the top, or the face, of a permanent roof-like structure constructed over or
adjacent to a ground-floor main entrance and constructed of some durable material, which may
or may not project over a public right-of-way.
1. Only the following types of establishments may erect a marquee sign: assembly, large or
small; cultural facility; school, college/university; hotel/hostel; amusement facility; motor
vehicle services; or live entertainment venue, and
2. All marquee signs shall be in conformance with the standards in the following table and
cannot be placed in a public right-of-way without Planning Board review and City
Council approval.
ZONING DISTRICTS C2-A, B C3 D1-A, B, C, D
D2-A, B I1, I2 D3
MAX NUMBER 1 per building 1 per building 1 per building
MAX AREA 16 sf 16 sf 16 sf
MAX HEIGHT 4 ft 4 ft 4 ft
MIN CLEARANCE 9 ft 9 ft 9 ft
ILLUMINATION Internal or External Internal or External Internal or External

1309.17 Billboards

A. A sign permit shall be required for all billboards. Architectural and engineering drawings are
required to be submitted and shall be signed by a licensed professional engineer.
B. A billboard shall be deemed to be the primary use of the lot, unless it is determined by the
Planning Board that the billboard will not interfere with any existing structure or use on the
lot.
C. No billboard shall be permitted within 1,000 feet of any other existing billboard.
D. No billboard shall be permitted within 1,000 feet of a historic site, scenic drive or parkway, a
municipal park, State Park, or controlled development area.
E. No billboard shall face a residential district or residentially zoned property.

53
F. Billboards may be permitted in the C3, I1, and I2 Districts only.
G. Billboards lawfully existing in the D1-A, B, C, or D Districts prior to the date of adoption of
this Chapter are permitted. Such billboards may be replaced or relocated one for one with
approval by the City Planning Department. Should a lawfully existing billboard in these
Districts be removed and no replacement is approved within 12 consecutive months, the
reestablishment or replacement of such billboard shall be prohibited.
H. Billboards within the City of Niagara Falls shall be in conformance with the following
location and design standards, as well as, those imposed by NYS-DOT.
STANDARD REQUIREMENT
MAX NUMBER 1 per lot
MAX LENGTH OF SIGN FACE 25 ft
MAX HEIGHT OF SIGN FACE 12 ft
MAX HEIGHT INCLUDING 35 ft
STRUCTURE
MIN SETBACK 25 ft from Right-of-Way

I. No billboard shall be erected where the base of which would be less than three feet from the
ground (as measured by the average existing grade).
J. No billboard shall have any more than two sign faces for any one location.
K. No billboard shall be erected on the roof of any structure or attached in any manner that
would cause any part of the billboard to extend beyond the roofline of the structure upon
which it is located.
L. Billboards may utilize digital technology provided all applicable provisions of Section
1309.18 are met and the minimum duration of a message is at least eight seconds.
M. All grass, weeds, and/or landscaping at the base of the billboard and between the billboard
and street line shall be cut and maintained by the owner of such billboard.

1309.18 Digital Signs

Digital signs, where digital technology is utilized in whole or in part, are permitted in any district
other than a residential district. Any use of a digital sign shall be in accordance with the
following:
A. Digital technology shall not be utilized in any wall sign, suspended sign, awning sign, or
window sign, except within the D1-A, B, C, and D Districts.
B. Digital signs shall display static messages with no animation, no effects simulating
animation, and no video.
C. Changes in copy, message, or graphics shall occur no more than once every 30 seconds,
except as otherwise provided for billboards.

54
D. Each transition shall be accomplished immediately with no fade, scroll, travel, flash, spin,
revolve, shake or include any other type of movement or motion.
E. Digital signs shall be equipped with photosensitive equipment that is programmed to
automatically adjust the brightness and contrast of the sign in direct relation to the ambient
outdoor illumination.
F. The illuminance of a digital sign shall be measured with an illuminance meter set to measure
foot-candles accurate to at least two decimals. Illuminance shall be measured with the digital
sign off, and again with the digital sign displaying a white image for a full color-capable
sign, or a solid message for a single-color sign. All measurements shall be taken at a height
of at least five feet and a distance determined by the following calculation. All fractions shall
round up to the nearest foot.

G. The difference between the digital sign measurements when off and when displaying a solid-
message (using the digital sign measurement criteria) shall not exceed 0.3 foot-candles over
ambient lighting conditions.
H. All digital signs shall be equipped with a sensor or other device that automatically determines
the ambient illumination and programmed to automatically dim according to ambient light
conditions, or that can be otherwise adjusted to comply with the 0.3 foot-candle
measurements, and for which certification may be required.
I. Digital signs shall be programmed or set in such a manner that the display will turn dark and
emit no light in case of malfunction.
J. No digital sign shall be located within 50 feet of a residentially zoned property as measured
in a straight line from the location of the sign to the nearest residential property line.

1309.19 Nonconforming Signs

A. Any sign that does not comply with this Chapter is eligible for characterization as a legal
nonconforming sign if the sign complied with all requirements in effect at the time it was
erected.
B. Nonconforming signs must be brought into compliance with this Chapter under the following
conditions:
1. The sign is altered in any way, such as size, design, structure, or type of illumination
(except for normal maintenance).
2. The sign is relocated.
3. The sign or its structural materials are wholly replaced.

55
C. Any nonconforming sign that is removed from its position or siting and not replaced in-kind
within 30 days shall be presumed to be abandoned and discontinued, and therefore may not
be restored or re-erected except in compliance with this Chapter.
D. No nonconforming sign may be altered in any way that would increase its nonconformity
with the regulations of this Chapter, including but not limited to area, height, setback, and
illumination.
E. Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of
the property on which the nonconforming sign is located from complying with the provisions
of this Chapter regarding safety, maintenance and repair of signs. Any repainting, cleaning,
or routine maintenance or repair of the sign or sign structure shall not be deemed to modify
the sign in any way.

1309.20 Definitions

The following terms and definitions shall apply to this Chapter for the purposes of administration
and enforcement.

ABANDONED SIGN — A sign which for a period of 60 consecutive days has not correctly
directed or informed any person or advertised a business, lessor, owner, or activity conducted on
the premises where such sign is displayed.
A-FRAME SIGN — A freestanding sign that is comprised of two sign faces diverging at an
angle of no more than 45 degrees from their adjoined edge.
AWNING — A roof-like protective cover of canvas or other flexible material over a door,
entrance, window or outdoor service area that projects from the facade of a structure.
AWNING SIGN — A sign that is part of or attached to a roof-like protective cover of canvas or
other flexible material over a door, entrance, window or outdoor service area that projects from
the facade of a structure.
BANNER — A length of fabric or similar material, temporarily strung between two points, upon
which a message is imprinted.
BILLBOARD — An off-premise sign designed to be viewed from streets, roads, and/or
highways and meeting industry standards for design and construction.
CITY — The municipality of Niagara Falls, New York.
COMMERCIAL MESSAGE — Any message where the primary purpose of which is the
commercial advertisement or promotion of a commercial product, event, or service (including
content on an internet website operated for a commercial purpose).
COPY — The wording on a sign surface or composing a sign.

56
DIGITAL SIGN — A sign that utilizes computer-generated messages or some other electronic
means of changing copy. These signs may include displays using incandescent lamps, LEDs,
LCDs or a flipper matrix.
DIRECTIONAL SIGN — A sign commonly associated with and limited to information and
directions necessary and convenient for persons coming on the property, including signs marking
entrances, parking areas, one- way driveways, rest rooms, pickup and delivery areas, drive-
through ATM machines, and hours of business. Such sign shall not carry a commercial message.
EXTERNAL ILLUMINATION — The provision of lighting for a sign from a source
intentionally directed upon the sign face, such as a floodlight or gooseneck lamp.
FREESTANDING SIGN — A sign not attached to any building or structure, which may be
supported by one or two columns or posts.
GROUND SIGN — A sign not attached to any building or structure, which may be supported by
one or two posts provided the distance between the ground and bottommost edge of the sign is
no greater than three feet.
GOVERNMENTAL SIGN — A sign erected and maintained pursuant to and in discharge of any
governmental function or required by any general law, local law or governmental regulation.
INCIDENTAL SIGN — A sign containing no commercial message and typically erected to
identify addresses, entrances, exits, restrooms, hours and days of operation, public utility
locations, emergency addresses and telephone numbers, etc. These examples are not given by
way of limitation, an incidental sign can contain any noncommercial message in accordance with
this Chapter.
INTERNAL ILLUMINATION — The provision of lighting for a sign from a light source within
the sign.
INTERNAL SIGN — Signs within a building not legible from the public right-of-way or
adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such
sign is intended only to be seen from within the enclosed space and is so oriented.
LAWN SIGN — A sign constructed of materials not intended for permanent installation that are
attached to a single or multiple post for support and stuck into the ground. The height of a lawn
sign shall include any posts or supports. Political campaigns, garage sales, and charitable events,
for example, are often advertised with lawn signs.
LOT — A parcel of land with frontage on an improved public street or approved private street,
consisting of a single lot of record or a portion of a lot of record.
NEON SIGN — A sign that incorporates illumination through the use of neon type gas.
NONCONFORMING SIGN — Any lawful sign existing at the time of adoption of this Chapter,
or any subsequent amendments thereto, which does not conform to the regulations of this
Chapter or to the regulations of the district in which it is located.

57
OFF-PREMISE SIGN — A sign that directs attention to a business, commodity, service, or
entertainment conducted, sold, or offered at a location other than where such sign is located. This
shall not include billboards.
PENNANT — A length of fabric, or similar material, suspended from overhead, upon which a
message is imprinted.
POLE SIGN — A sign not attached to any building or structure and is supported by one or two
columns or posts with a distance exceeding three feet between the ground and the bottommost
edge of the sign.
PROJECTING SIGN — A sign which is wholly dependent upon a building for support and
which projects more than 12 inches from such building.
RESIDENTIAL DEVELOPMENT — Means a newly constructed or redeveloped project
containing at least 15 residential units, regardless configuration, i.e. single-, two-, or multi-
family, mobile, manufactured dwellings; or a subdivision of land for the purpose of constructing
15 or more residential dwelling units.
ROOFLINE — The line that is formed by the uppermost edge, or top outline, of a building’s
exterior vertical walls.
SIGN — Any object, device, display or structure, or part thereof, situated outdoors that is used to
advertise, identify, display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any means, including but not
limited to words, letters, figures, designs, symbols, fixtures, colors, illumination or project
images. "Signs" shall also include all sign structures. A sign for the purposes of this Chapter does
not include the following:
1. A flag or emblem of any nation, organization of nations, state or city, or any fraternal,
religious or civic organization;
2. Merchandise, pictures or models of products or services incorporated in a window
display;
3. Official notices issued by any court or public office or officer in the performance of an
official duty;
4. Traffic control signs as defined in the NYS Vehicle and Traffic Law; and
5. Works of art, including murals, that do not contain any commercial message, logo,
graphic, or trademark.
SIGN TYPE — The design and/or structure of a sign, including freestanding signs, wall signs,
projecting signs, suspended signs, marquee signs, awning signs, and window signs.
SUSPENDED SIGN — A sign attached to and supported by the underside of a horizontal plane.

58
TEMPORARY SIGN — A sign which is not intended to be used for a period of time exceeding
60 days and is not attached to a building, structure, or ground in a permanent manner. Such signs
usually being constructed of poster board, cardboard, Masonite, plywood, or plastic material and
mounted to wood, metal, wire or rope frames or supports.
USE — The purpose for which a building, lot, or other structure is arranged, intended, occupied,
or maintained.
WALL SIGN — A sign fastened to the wall of a building or structure in such a manner that the
wall becomes the supporting structure for or forms the background surface of the sign and which
does not project outward more than 12 inches from such building façade or above the roofline of
a structure.
WINDOW SIGN — A sign visible from a sidewalk, street or other public place, painted or
affixed on glass or other window material, or located inside within four feet of the window, but
shall not include graphics in connection with customary window display of products.

59
 1310 DISTRICTS

The 1310-1319 series of Chapters describes the permitted uses and development standards for
the specified districts.

60
 1311 DISTRICTS and BOUNDARIES

Refer to Schedule 1 for uses specifically permitted in a district or sub-district. The official map
delineating the boundaries of districts is herein identified as Schedule 8.

RESIDENTIAL:
R1 Detached Single
R2 Doubles
R3 Multi-Family
R4 Heritage

COMMERCIAL:
C1 Neighborhood
C2 Traditional
C3 General

DOWNTOWN:
D1 Downtown
D2 Gorge View
D3 North Main

INDUSTRIAL:
I1 Business Park
I2 Industrial

OPEN SPACE:
OS

INSTITUTIONAL:
INS

NEGOTIATED PLANNED DEVELOPMENT:

NPD

61
 1312 RESIDENTIAL DISTRICTS

1312.1 Descriptions and Purpose

Throughout the city, residential development should reinforce historic development patterns and
be pedestrian-oriented with buildings oriented to the sidewalk with a strong emphasis on creating
a consistent built form, and a safe inviting front yard and streetscape.

A. R1 DETACHED SINGLE

R1-A Low-Density: This sub-district is intended primarily for low-

density residential development in the form of single-family
detached dwellings with an approximate density of seven (7) units
per acre.

R1-B Low Density Waterfront: This sub-district is intended primarily for

low-density residential development in the form of single-family
detached dwellings with an approximate density of seven (7) units
per acre where views of the river are to be preserved.

R1-C Medium Density: This sub-district is intended primarily for

development in the form of single-family detached dwellings with
a maximum density of nine (9) units per acre.

R1-D High Density: This sub-district is intended primarily for

development in the form of single-family detached dwellings with
a maximum density of eleven (11) units per acre.

B. R2 DOUBLES

R2-A Medium Density: This sub-district is intended primarily for

residential development in the form of one- and two family
dwellings with a maximum density of seventeen (17) units per
acre.

R2-B High Density: This sub-district is intended primarily for residential

development in the form of one- and two-family dwellings with a
maximum density of twenty-two (22) units per acre.

C. R3 MULTI-FAMILY

R3-A Low Density: This sub-district is intended primarily for suburban

style townhouse and apartment developments, typically providing
a significant percentage as landscaped areas.

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 R3-B Urban: This sub-district is intended primarily for more urban-style
developments or combination of residential building types,
orientated to the street.

R3-C High Density: This sub-district is intended primarily for residential

development, primarily apartments and townhouses, but including
single and two-family dwellings. Limited commercial uses may be
permitted.

D. R4 HERITAGE

R4 Heritage: The purpose of this district is to protect the authentic

architecture, local history and heritage value, historic urban context
and neighborhood design and to integrate these elements with the
Niagara River Greenway. This district is also intended to establish
an appropriate, low-density transition in scale between state
parkland and adjacent downtown commercial districts.
Accordingly, the form and design of new structures in this district
must be sensitive to and consistent with the historic urban pattern
and built-form within the district. Limited commercial uses will be
permitted subject to design guidelines.

1312.2 Allowed Uses

Refer to Schedule 1 – Use Table

1312.3 Bulk and Density Standards

Minimum Setbacks1 Maximum Setbacks

Percent
of
Total building
Side Maximum façade
Min. Min. Yards Front within
Lot Max. Lot Front Rear (w/one Yard maximum Max. Min.
Size FAR Width Yard Yard side)3 Setback setback2 Height Height

R1 A 6,000 n/a 60’ 25’ 20’ 30% lot n/a n/a 35’ n/a
width (at
least 6’)
B 6,000 n/a 60’ 30’ 30’ 30% lot n/a n/a 35’ n/a
width (at
least 6’)
C 4,500 n/a 40’ 20’ 20’ 25% lot n/a n/a 35’ n/a
width (at
least 5’)

63
 Minimum Setbacks1 Maximum Setbacks

Percent
of
Total building
Side Maximum façade
Min. Min. Yards Front within
Lot Max. Lot Front Rear (w/one Yard maximum Max. Min.
Size FAR Width Yard Yard side)3 Setback setback2 Height Height

D 3,400 n/a 25’ 10’ 20’ Each side 20’ n/a 35’ n/a
yard 3’

R2 A 5,000 n/a 45’ 20’ 20’ 25% lot n/a n/a 35’ n/a
width (at
least 5’)
B 3,400 n/a 25’ 10’ 20’ Each side 20’ n/a 35’ n/a
yard 3’

R3 A 1,400 1.0 60’ 25’ 20’ 15% lot n/a n/a 45’ n/a
per width up
unit to
maximum
15’; or
50%
building
height
B 3,400 1.0 25’ 5’ 20’ Each side 20’ n/a 45’ n/a
yard 3’
C n/a n/a 25’ n/a 20’ n/a 15’ 75% 60’ n/a

R4 3,400 Refer 25’ 10’ 20’ 10% lot 25’ 50% 45’ 16’
to width (at
1312. least 3’)
4(B)
1
Alternatively, the minimum front yard setback may be set at the average front yard setback of existing adjacent
buildings

2
Describes the percent of building façade facing the street that must abut the city right-of-way or be located within
the maximum setback area. Areas set aside for publicly accessible parks or plazas are exempt from the maximum
setback area requirement.

3
No side-yard setback, lot frontage requirements for individual townhouses. Setbacks apply to entire townhouse
development

64
1312.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the districts. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the Citywide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

A. R3-C MULTI-FAMILY HIGH DENSITY DISTRICT:

Commercial Uses: No structure within this district shall include in excess of 4,000 square feet of
space or 20% of the gross floor area of any single building on any single parcel, whichever is
larger. Only those commercial uses listed on Schedule 1 and identified as being permitted in R3-
C district shall be allowed.

B. R4 HERITAGE DISTRICT:

For lots less than one (1) acre in area: no more than 5,000 square feet of space of a principal
structure may be devoted to commercial uses.

For lots one (1) acre or greater in area, on a single lot of record established prior to the effective
date of this ordinance (see Section 1301.3): Commercial uses shall not exceed a maximum FAR
of 0.5. Combination or amalgamation of lots of records or portions of lots of record after the
effective date of this ordinance to meet this minimum lot area requirement shall not be permitted.

On any lot in this district: reconstruction and/or construction of an interpretation of a

structure/building that previously existed on the subject lot prior to the effective date of this
ordinance (see Section 1301.3) is permitted, without regard to density and square foot limits
listed above. Application of this standard is subject to site plan approval and design district
standards under Section 1319.2, provided that strict application of these design district standards
does not impair the intent to restore overall form of such previously existing structure. In such
cases, evidence of the previous structure/building must be documented through verifiable sources
that adequately outline the scale and features of the previously existing structure (including, but
not limited to: historic maps, photographs, architectural drawings, etc.). The reconstructed
structure/building shall be designed to interpret the scale, form, and materials of the previously
existing structure to the greatest extent feasible and may only contain permitted uses in the
district.

65
 1313 COMMERCIAL DISTRICTS

1313.1 Description and Purpose

A. C1-A NEIGHBORHOOD COMMERCIAL

Purpose: The Neighborhood Commercial District is intended to allow a range of

residential and limited small-scale retail and service uses. The businesses allowed
in this district are intended to provide convenience services primarily to the
immediate surrounding neighborhood. Development shall be pedestrian-oriented,
with building setbacks in conformity with the established street character.
Parking and outside storage areas are intended to be hidden from the street and/or
placed to the rear of structures.

B. C1-B SPECIAL BUSINESS DISTRICT

Purpose: to permit the expansion of existing specialty manufacturing, including

all normal activities necessary to the operation of a commercial dairy and in
addition, to encourage the development of a variety of residential, general
commercial and mixed uses. Permitted Specialty Uses, as defined below, shall
not exceed a maximum gross floor area of 100,000 square feet for the entire
District.

1. Processing of liquid-food stuff into finished edible products including its

receiving, storage, packaging and shipping

2. Research and scientific laboratories

3. Warehouse and storage establishments provided that all storage occurs within
enclosed structures

C. C1-C BUFFALO AVE. - 86TH STREET BUSINESS DISTRICT

Purpose: To encourage the development of a variety of residential, general

commercial and mixed uses in addition to permitting limited transportation/
warehouse type.

Permitted transportation/warehouse type uses shall not exceed a maximum gross

floor area of 18,000 square feet and/or a maximum of 50 exterior truck/bus
parking spaces for the entire sub-district.

Motor Vehicle Service and Repair. Minor uses are permitted in this district.

Permitted transportation/warehouse type uses shall not include:

1. Camper Parks

66
 2. Contractor’s Yards
3. Motor Vehicle Service and Repair, Major
4. Motor Vehicle Sales and Leasing
5. Parking, Commercial
6. Rail Transit Facility

D. C2 TRADITIONAL COMMERCIAL (A&B)

Purpose: The Traditional Commercial district is intended to allow for a mix of

residential and commercial uses along major travel corridors. It differs from the
Neighborhood Commercial district in that permitted uses include a full range of
retail, service, office uses serving a local or regional market and residential uses
on or above the ground floor. The zone is characterized as pedestrian-oriented
with buildings close to or adjacent to the front lot line with parking areas hidden
from the street and/or located to the rear of structures and drive-thru uses are
restricted. [Amended 5/02/12]

E. C3 GENERAL COMMERCIAL

Purpose: The purpose of the district is to allow a more intense and large-scale
combination of residential, commercial business, and mixed uses. This zone is
predominately automobile oriented with a focus on accessibility to high traffic
corridors and servicing a regional market. . Limited light industrial uses may be
permitted provided such development includes a significant commercial
component. Residential uses allowed in this district are limited to apartment and
townhouse-style structures. These districts are intended to ensure that adjacent
residential areas are protected from traffic, lighting, noise or other nuisances
related to non-residential uses. Overall, development shall be aesthetically
pleasing with trees and associated landscaping elements included within the
parking area.

1313.2 Allowed Uses

Refer to Schedule 1 – Use Table

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1313.3 Bulk and Density Standards

Maximum Setbacks Minimum Setbacks1

Percent of
Maximum building
Min. Front façade within
Sub Max. Lot Yard maximum Front Rear Side Max.
District FAR Width Setback2 setback3 Yard Yard4 Yards Height

C1 A 1.5 n/a 10’ 50% n/a n/a n/a 35’

B 1.5 n/a Sch. 5/ n/a Sch. 5/ Sch. 5/ Sch. 5/ Sch. 6/

Sch. 12 Sch. 12 Sch. 12 Sch. 12 Sch. 13

C 1.5 n/a Sch.5 n/a Sch. 5 Sch. 5 Sch. 5 Sch. 6

C2 A 5.0 n/a 10’ 75% n/a n/a n/a 60’

B 3.0 n/a 10’ 75% n/a n/a n/a 45’

C3 .5 50’ n/a n/a n/a n/a n/a 65’

1
Where the Commercial Districts abut a Residential District the side, front and rear setback required for a
residential use in the abutting district applies. These setback requirements shall only apply to the area of the
Commercial District adjacent to the residential use.

2
Alternatively, the maximum front yard setback may be set at the average front yard setback of existing adjacent
buildings

3
The percent of building façade facing the street that must abut the city right-of-way or be located within 10’ of the
sidewalk. Areas set aside for publicly accessible parks or plazas are exempt from the maximum setback area
requirement

4
For all floors containing dwelling units, the minimum rear setback is 20’

1313.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the districts. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the Citywide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

Amended 10/18/10, 12/13/10

68
A. C1-B SPECIAL BUSINESS DISTRICT

Purpose: to permit the expansion of existing specialty manufacturing, including all normal
activities necessary to the operation of a commercial dairy and in addition, to encourage the
development of a variety of residential, general commercial and mixed uses. Permitted Specialty
Uses, as defined below, shall not exceed a maximum gross floor area of 100,000 square feet for
the entire District.

1. Processing of liquid-food stuff into finished edible products including its receiving,
storage, packaging and shipping

2. Research and scientific laboratories

3. Warehouse and storage establishments provided that all storage occurs within enclosed
structures

B. C1-C BUFFALO AVE. - 86TH STREET BUSINESS DISTRICT

Purpose: To encourage the development of a variety of residential, general commercial and

mixed uses in addition to permitting limited transportation/ warehouse type.

Permitted transportation/warehouse type uses shall not exceed a maximum gross floor area of
18,000 square feet and/or a maximum of 50 exterior truck/bus parking spaces for the entire sub-
district.

Motor Vehicle Service and Repair. Minor uses are permitted in this district.

Permitted transportation/warehouse type uses shall not include:

1. Camper Parks
2. Contractor’s Yards
3. Motor Vehicle Service and Repair, Major
4. Motor Vehicle Sales and Leasing
5. Parking, Commercial
6. Rail Transit Facility

Amended 5/02/12 69
 1314 DOWNTOWN DISTRICTS

1314.1 Description and Purpose

A. D1 DOWNTOWN

Purpose: The purpose of these sub-districts is to provide for a diverse

combination of commercial, residential, and mixed-use building types within the
city’s core tourist areas; to be protective of the world-class views of and from the
Falls, by graduating building height and massing district-wide and by encouraging
design flexibility in creating, maintaining, and optimizing resulting view-sheds.
Development is intended to be very intense with high lot coverage and pedestrian-
oriented with a strong emphasis on creating safe, active, and inviting streetscapes.
Parking, where provided, shall be concealed or structured.

B. D2-A GORGE VIEW

Purpose: The purpose of the sub district is to provide for enhanced waterfront
accessibility and integration of cultural and tourist activities, within this State
Park / City / Niagara River Greenway area; to be protective of heritage assets
including view-sheds, by controlling building height and massing, and by
encouraging unique architecture and design flexibility. Development is intended
to be a high-quality, low-intensity, sustainable development, with the intent of
establishing a scalable transition of built forms, which mediates between state
parkland and adjacent downtown commercial districts. Development should
enhance the overall aesthetic of the area; contribute positively to celebrating the
river’s natural heritage, and enhance the natural and cultural resources therein.
Parking, where provided, shall be concealed or structured.

C. D2-B GORGE VIEW TRANSITION

Purpose: The purpose of this district is to provide a buffer zone for the unique
development of the Gorge View district. The sub district will provide for the
commercial, residential, and mixed-use types of buildings which currently exist
within the perimeter of the Gorge View District. Development is intended to
create a scalable transition from the surrounding districts

D. D3-A GORGE VIEW NORTH MAIN

Purpose: The purposes of this district are to enhance the opportunity for residents,
businesses and visitors to enjoy the benefits of newly created access to the
Niagara River Gorge through the removal of the Robert Moses Parkway and the
expansion of Niagara Falls State Park and Niagara River Greenway and to
provide for a diverse combination of commercial, residential and mixed-use
building types within the North Main Street Precinct. In so doing, the intention of
development in this district is: to regenerate living and employment opportunities;

70
 to provide for the enhanced integration of those opportunities with the new and
emerging amenities of the Niagara River Greenway corridor; to be sensitive of
public amenities and viewsheds, and; to ensure that new developments can
appropriately capitalize on those key amenities and emerging new opportunities.
Density is intended to be generally moderate and always promoting a high-quality
public realm and pedestrian experience. The inclusion of a height bonus enables
occasional projects to be built to an increased density provided that public
amenities, parking management, and viewshed protections are proactively
addressed. Overall, developments should contribute positively to the aesthetic of
the area, the area’s natural heritage, and celebrating local history. Parking, where
provided, shall be concealed or structured.

1314.2 Allowed Uses

Refer to Schedule 1 – Use Table

1314.3 Bulk and Density Standards

Percent of Maximum
Base Building
Maximum Building Building Height
Height
District Sub-District Front Yard Façade Within
Setbacks1 Maximum (Base plus
Allowance
Setback2 Bonus)3

D1 A
Near-Casino 10’ 100% 320’ Up to 608’

D1 B
Transition 10’ 90% 160’ Up to 304’

D1 C
Near-Park 10’ 80% 80’ Up to 152’

D1 D
CASINO 10’ 100% 400’ n/a

D2 A
Gorge-View n/a n/a 45’ n/a

71
 Percent of Maximum
Base Building
Maximum Building Building Height
Height
District Sub-District Front Yard Façade Within
Setbacks1 Maximum (Base plus
Allowance
Setback2 Bonus)3

D2 B
Transition 10’ n/a 80’ n/a
(Cultural District)

D3 A
North-Main 10’ 80% 100’ Up to 190’
(Bridge District)

1
Where the Downtown District abuts a Residential District the side, front, and rear setback required for a
residential use in the abutting district applies. These setbacks shall apply only to the area of the Downtown district
adjacent to the residential use.
2
The percent of building façade facing the street that must abut the city right-of-way or be located within 10’ of the
sidewalk. Areas set aside for publicly accessible parks or plazas, as well as, interior-facing courtyards are exempt
from strict interpretation of the maximum setback area requirement. For hotels, the façade may be within a
maximum 30’ of the right-of-way to accommodate a driveway serving only a Porte coche function (temporary pick-
up and drop-off area). A Porte coche shall not be used as a parking area and shall be appropriately landscaped
and safely integrated with adjacent sidewalks etc.
3
Any buildings exceeding the base building height allowance shall be required to perform a viewshed analysis and
incorporate design considerations to mitigate the impact of the additional height upon the gorge view of
surrounding properties. These measures may include step-backs, material considerations and site plan design

1314.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the Downtown Districts and
Sub-districts. Sites within the Overlay Design District are also subject to the additional
regulations and standards found in Chapter 1319.

Projects within the D1 and D3 Districts that meet the criteria specified in subsection D below are
eligible for a height bonus. Projects eligible for bonuses are subject to all other applicable
approvals and procedures required under this Zoning Ordinance and other federal, state, and
local laws. Use or dimensional restrictions otherwise applicable to a project seeking a height
bonus shall apply, except where a more restrictive standard set forth below is required as a
condition for granting a height bonus, in which case such more restrictive standards shall apply.

72
 1314.4.1 Height Bonus

A. Purpose.

This section sets forth a system of potential building height bonuses that are intended to promote
high quality architecture and urban design within specified downtown areas by incentivizing
appropriate scaling of building floorplates and the provision of community benefits and district
amenities by the private sector for the purpose of creating, protecting and, optimizing world-
class views and viewsheds, and otherwise improving the quality of life of City residents and
visitors. These incentives and bonuses are also intended to complement and advance the City's
urban revitalization policies while also providing greater flexibility in responding to emerging
market demands. Developments meeting the requirements of this section shall be eligible for a
height bonus over and above the base building height allowances stated in Table 1314.3.

B. Eligibility

Projects within the D1 and D3 Districts that meet the criteria specified in subsection D below are
eligible for a height bonus. Projects eligible for bonuses are subject to all other applicable
approvals and procedures required under this Zoning Ordinance and other federal, state, and
local laws. Use or dimensional restrictions otherwise applicable to a project seeking a height
bonus shall apply, except where a more restrictive standard set forth below is required as a
condition for granting a height bonus, in which case such more restrictive standards shall apply.

C. Application Requirements

1. All applications for the bonuses available hereunder shall be included with application or
pre-application submissions for site plan approval in accordance with the procedures set
forth in Section §1324 of this Zoning Ordinance.

2. All such applications for a height bonus shall specifically address possible impacts on
adjacent properties with respect to wind, shadow and the views of and from adjacent
properties, particularly with regard to views of important local natural resources such as
the Falls, the Niagara River and the Niagara River Gorge. In addition, all applications for
a height bonus shall address possible water and sewer impacts, and the demand for and
adequacy of police and fire protection services. All applications for height bonuses shall
include such technical studies and analyses as the Planning Board may deem necessary
and appropriate to evaluate such possible impacts.

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D. Bonus System

Building height bonuses for each proposed building development, expressed as percentages of
the base building height allowances specified in Table 1314.3, may be obtained in exchange for
the provision of the following specified amenities. No project shall be eligible for a total
aggregate building height bonus in excess of 90% of the applicable base building height
allowance specified in Table 1314.3 (i.e., total building height may not exceed 1.9x the
applicable base building height allowance) provided, however, that applicants may round up to
the next full story when applying the building height bonus percentages authorized by this
section.

1. Public Plaza and Parks Provision

Proposed developments providing for a publicly accessible plaza and/or park shall be
eligible for a height bonus of up to 30% of the applicable base building height allowance,
as specified in the below table, provided the plaza or park meets the following minimum
standards:

a. Minimum plaza or park site area of 1,000 square feet.

b. A minimum of 30% of the park or plaza area must consist of landscaping or water
features such as fountains, pools or ponds. Such water features shall be
permanent and maintained in good, working condition and operated as the season
allows.

c. A minimum of one (1) tree shall be provided per 250 square feet of plaza
or park area with a minimum caliper size of 3" for deciduous shade trees and a
minimum height of 6' for coniferous trees. Areas of water features and indoor
plaza shall not be counted toward calculating the minimum number of trees.

d. Approximately one (1) linear foot of seating area must be provided for each 30
square feet of plaza or park space.

e. The plaza or park must be highly visible from the public way and be adjacent and
connected to a public sidewalk or way.

f. The length of the park or plaza may not exceed 3 times its width. Long and
narrow public spaces are not considered consistent with the purposes and intent of
this section.

g. Plazas or parks must be open to the public during daytime, or approximately 12

hours per day.

h. Plazas cannot be used for vehicle parking or vehicle standing.

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 Area of Landscaped Park or Plaza Building Height Bonus

≥ 1000 sf 10%
≥ 1500 sf 15%
≥ 2000 sf 30%

2. Structured Parking Provision.

Proposed developments which include structured parking, either below grade and/or
above grade, shall be eligible for an additional height bonus of up to 30% of the base
building height as follows:

a. For purposes of determining this bonus, the term "structured parking" shall be
defined to include vehicle parking or loading spaces contained in a parking
structure either underground, within, or on a raised parking deck.

(i) Structured parking that is aboveground and within the footprint of the
primary-use building (and not otherwise creating additional impervious
surface area on the site) shall be counted twice in calculating "percentage
of parking spaces located in a parking structure" as that phrase is used in
the below table.

(ii) Underground structured parking shall be counted twice for the purposes of
calculating "percentage of parking spaces located in a structure" as that
phrase is used in the below table.

b. Above-ground parking or parking structures generally shall be designed to

encompass off street loading, trash, and similar functional areas of the primary
use development and shall be designed to shield such function to the extent
possible, so as to not undermine the desired character of the district or undermine
the pedestrian function of the adjoining streetscapes.

Percentage of parking spaces located in

Building Height Bonus
an enclosed parking structure

25% of provided parking 5%

50% of provided parking 10%
75% of provided parking 20%
100% of provided parking 30%

3. Improved Retail / Commercial Design and Streetscape Provision

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 Proposed developments, which incorporate retail/commercial uses at grade, with direct
pedestrian access to a public right-of-way, shall be eligible for an additional height bonus
of up to 30% of the base building height provided the following minimum standards are
achieved:

a. Building façades adjacent to a public right-of-way shall contain fenestration in

which window and doorway openings are not less than 75% across the total
façade width adjacent to such public right-of-way.

b. Building façades adjacent to a public right-of-way shall contain no areas of blank

walls (not containing any window or storefront openings) greater in length than
30 feet.

c. Streetscape material enhancement or additional amenities to improve

pedestrian / sidewalk areas between the building façade and the street, which
incorporates special build features such as concrete designs, colored pavers, brick
borders, banding patterns, or similar design enhancements for not less than 75%
of the total building façade adjacent to a right-of-way.

Meeting Improved Streetscape Building Height Bonus

Design Criteria

One [1] criteria from #3 above 10%

Two [2] criteria from #3 above 20%
Three [3] criteria from #3 above 30%

E. Maximum Floor Area per Bonus Floor / Story.

For projects qualifying for a building height bonus, the square footage of each floor or story
above the base building height allowance specified in Table 1314.3 shall be limited as follows:

Bonus Floor / Story Elevation Maximum Permitted Floor Area

Per Floor

◆ Base Building Height up to 1.5 x Base 50% of building's ground floor area or
Building Height 18,000 square feet, whichever is less

◆ 1.5 x Base Building Height up to 1.9 x 9,000 square feet

Base Building Height

76
 1315 INDUSTRIAL DISTRICTS

1315.1 Description and Purpose

A. I1 BUSINESS PARK

Purpose: These districts are characterized by those businesses that generate low
levels of pollution and noise and low to moderate levels of truck traffic and by
those uses which are generally perceived as being inoffensive. Permitted uses
include commercial activities in addition to light-industrial and accessory retail
uses. Such uses should occupy sites large enough to accommodate on-site
parking and extensive landscaping requirements in order to generate a prestige
image to the overall area.

B. I2 INDUSTRIAL

Purpose: This district permits a full range of heavy and light industrial uses which
may generate environmental concerns (air and/or water emissions). Uses may
include chemical or manufacturing industries together with ancillary uses, such as
office space, storage yards and related activities. Such uses shall be in
compliance with local, State and Federal rules and regulations.

1315.2 Allowed Uses

Refer to Schedule 1 – Use Table

1315.3 Bulk and Density Standards

Minimum Minimum Minimum Maximum Minimum Maximum Minimum

Front Side Rear Height Lot Area Lot Landscaped
Feet Coverage Area1

I1 20 10 10 60’ 10,000 sf 50% 30%*

*of which half shall be within front yard

I2 n/a n/a n/a n/a n/a n/a n/a

1
Refer to 1322.6 for buffering requirements

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 1315.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the districts. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the Citywide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

A. Prohibited Uses in I1 and I2 Districts

The following manufacturing uses are not permitted and shall be prohibited:

1. Junkyards

2. Charcoal, lampblack and fuel briquettes manufacture

3. Coal, coke and tar products manufacture

4. Explosives manufacture and storage

5. Fireworks manufacture and storage

6. Manufacture, processing, storage, or distribution of animals or animal byproducts

including; fat rendering, fertilizer, soap, tallow, gelatin, glue and size manufacture from
animal or fish refuse, offal and dead animals, manure and peat processing and storage,
meat packing, slaughter houses or slaughtering of animals, stock yards

7. Stone quarries, gravel pits, mines and stone mills

8. Tar roofing or tar waterproofing manufacture

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 1316 OPEN SPACE DISTRICT

1316.1 Description and Purpose

The Open Space District is intended to protect the function, integrity and health of the city’s
natural system environment, provide for a balance between developed and undeveloped land,
protect air and water quality, provide adequate open areas for recreation and conservation and to
enhance the city’s quality of life and the aesthetic qualities of the city, moderate climate, reduce
noise pollution, provide wildlife habitat, and preserve open space in its natural state.

1316.2 Allowed Uses

Refer to Schedule 1 – Use Table

1316.3 Bulk and Density Standards

Maximum Setbacks1

Max Lot
Coverage Front Yard Rear Yard Side Yard Max Height

OS 10% n/a n/a n/a 45’

1
There are no side, front, or rear yard setbacks required except where Open Space zones abut a Residential
District. In these cases, the required setbacks for a residential use in the abutting district applies. These setback
requirements shall only apply to the area of the zone that is adjacent to the residential district, not the entire lot.

1316.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the district. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the City-wide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

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80
 1317 INSTITUTIONAL DISTRICT

1317.1 Description and Purpose

The Institutions District is intended to support a broad range of related uses including public and
private education, health care, cultural and research centers. This zone allows increased
development scale and intensity than would typically be found in the adjacent residential
districts. Buildings are designed with a high level of architectural detailing to provide visual
interest and create enjoyable, human-scale spaces. Parking is intended to be hidden, behind, to
the side, within or underneath structures.

1317.2 Allowed Uses

Refer to Schedule 1 – Use Table

1317.3 Bulk and Density Standards

Maximum Setbacks1

FAR Front Yard Rear Yard Side Yard Max Height

INS 3.0 n/a n/a n/a 60’

1
There are no side or rear setbacks required except where Institutional zones abut a Residential District. In these
cases, the side and rear setback required for a residential use in the abutting district applies

1317.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the district. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the Citywide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

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82
 1318 NEGOTIATED PLANNED DEVELOPMENT (NPD) DISTRICT

1318.1 Description and Purpose

To encourage the appropriate development of large parcels of land which are currently vacant or
under-utilized. It is in the City’s best interest to permit the flexibility necessary to provide for a
mixed-use district that would allow residential, retail, office, services, light manufacturing, and
other uses as determined by market demand while assuring that such development shall in all
respects further the purposes of this Zoning Ordinance and Comprehensive Plan.

1318.2 Allowed Uses

This section is for future use. Use of this Chapter’s provisions requires a Map Amendment. NPD
Map Amendments shall be accompanied by a use table specific to each designated Negotiated
Planned Development (NPD) District.

1318.3 Bulk and Density Standards

Where NPD Districts abut a Residential District, the side and the rear setback required for a
residential use in the abutting district shall apply as a minimum.

1318.4 Additional Regulations and Standards

The regulations in this chapter state the development standards for the districts. Sites within
overlay districts (Chapter 1319) are also subject to additional regulations. Specific uses or
development types may also be subject to regulations in the Citywide Regulations series of
chapters, including but not limited to Chapters 1322 and 1325.

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84
 1319 OVERLAYS

1319.1 Waterfront Overlay

The purpose of the Waterfront Overlay District is to ensure compliance and consistency with all
relevant New York State Coastal Management policies. The City's waterfront district boundaries
are illustrated on Schedule 4 of this Zoning Ordinance. These maps indicate by boundary
locations, each of the four waterfront zones as they relate to the zoning text. Generally, the
Waterfront Overlay District encourages waterfront related uses and discourages those land uses
which are neither water-dependent or water-enhanced or do not complement existing or intended
uses and may contradict stated development goals. Each waterfront zone prescribes the highest
and best uses for waterfront property and affords the City control through its site plan review
process.

1319.1.1 LaSalle Shoreline

The purpose of this sub-district shall be to provide for the optimal development of the City's
waterfront for residential and commercial uses appropriate to the waterfront location. This zone
shall permit only development which is compatible with the natural setting and which in turn is
enhanced by the natural setting. This zone shall create incentive for new investment in this area
which shall provide for the highest and best use of waterfront lands and features.

A. Commercial Uses:

The following additional commercial uses are permitted: public or private marinas, parks,
refreshment and service buildings accessory thereto, boat landing ramps, yacht clubs,
small boat construction and repair, boat rentals, and boat charters. Retail stores, limited to
the following types of merchandise: marine goods including fishing supplies, sporting
goods and apparel, gifts, arts and crafts, newspapers, magazines, candy, tobacco,
sundries, neighborhood groceries, liquor stores, libraries, museums, art or antique
galleries, art and craft studies or studios for teaching or practicing performing arts,
motels, hotels, or boatels, restaurants and recreational uses accessory thereto.

B. Accessory Uses:

The following accessory uses shall be permitted: private docking facilities, boat ramps,
boat lifts, private boat storage structures, break walls, detached decks, gazebos, porches
at water’s edge, and satellite earth stations.

1319.1.2 Robert Moses Parkway Shoreline

The purpose of this sub-district shall be to encourage recreational use and aesthetic appreciation
of this shoreline. This zone shall provide for the mitigation of negative environmental impacts
created by industry in this area. The highest and best use of the shoreline proper shall be that of
public space dedicated to the preservation of the natural environment with increased opportunity
for residents and visitors to access and use such shoreline for active recreational activities and for

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the passive appreciation of the river's natural beauty. Transitional and non-industrial uses are
encouraged to integrate green structures for the purpose of access wherever possible.

1319.1.3 Niagara Reservation Shoreline

The purpose of this sub-district shall be to insure that the natural environment of the rapids,
cataracts, and parkland are not impaired by development in proximity to the Niagara
Reservation, or within the Reservation. This zone will encourage the proper design of
developments to insure that development in this area will be of such character and composition
to create a pleasant and attractive urban border, which provides for historical context to the
Niagara Reservation State Park.

1319.1.4 Niagara Gorge Shoreline

The purpose of this sub-district shall be to preserve and enhance the waterfront as an area for
recreational and tourism uses while maintaining the beauty and spectacular character of the
natural setting to the maximum feasible degree. To encourage development at selected sights (as
identified in the Local Waterfront Revitalization Plan) that are recreational, cultural, or tourism
related that is compatible and in harmony with the surrounding environment.

A. Adult uses are prohibited.

B. The following additional uses are permitted: export/import retail outlets, duty free retail,
souvenir and gift shops, restaurants and drinking establishments with or without
entertainment, entertainment or education centers related to tourism or the environment,
recreational centers with uses related to the setting such as cross country skiing, hiking
suppliers, museums, and exhibit centers.

1319.2 Design District Overlay

The purpose of the Design District (Refer to Schedule 2) and associated design standards is to
provide supplemental regulations related to new development, conversions, and renovations
within the district. These regulations are intended to provide guidance for private and public
projects undertaken within the Design District in order to protect and enhance the economic
viability, safety, function, and character of the area, assist in the development of a pleasant
pedestrian environment and implement the City of Niagara Falls Comprehensive Plan. All
applications for site plan approval within the Design District shall be subject to the requirements
of these standards. Within the context of these standards, the following rules of interpretation
shall apply:

A. Words and phrases such as “shall,” “will,” “must,” “is required,” etc. indicate standards
to which must be specifically adhered.

B. Words and phrases such as “should,” “is encouraged,” and “is recommended” indicate
standards that are strongly desired in the context of the City of Niagara Falls’ goals and
objectives for the Design District, but are not generally mandated. However, in certain
circumstances, the Planning Board may determine that such standards are significant

86
 enough to meeting the objectives of this chapter that have the equivalent authority as
mandated standards.

In cases where adherence to specific standards is not feasible or warranted, the Planning Board
may authorize alternate designs. Leeway from the specific standards may be authorized only
where an applicant meets the overarching guideline from which the standard is based and the
alternate design is approved by the Planning Board.

1319.2.1 Scale and Context (1319.2.1 Does Not Apply For Downtown Districts)

Harmoniously relate development to the scale and context of existing buildings or planned
development patterns in the vicinity that have a functional or visual relationship to the proposed
structure(s).

A. Connect new buildings with the form of existing structures and the community’s vision
for specific areas of the city.

1. Where quality “contributing” structures are adjacent to a development site, projects

should reinforce massing and rhythm of adjacent buildings. If a proposed building is not
adjacent to other buildings having a desirable architectural character, it may be necessary
to look at contextual elements found elsewhere in the district.

B. Minimize the visual impact of large, bulky structures on the streetscape.

1. Bulky, box-like structures should be broken up into

sections or components related to internal or
external features or adjacent structures.

2. Buildings greater than two stories shall provide

differentiation of lower-story features through
design features such as strong cornice lines,
differentiation of materials, etc.

C. Buildings should contribute to and maintain the Top image shows inappropriate massing
unique character of the district they are located in. of large building that is out of context to
setting. Lower image shows how
1. Buildings shall be designed specifically for their modifying the façade creates an
appropriate transition into existing setting.
site. Repetitive or corporate “trademark” designs
used in other communities or other locations of
the city are discouraged if not appropriately
modified in scale and context.

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 1319.2.2 Building Layout and Placement on the Site

All projects shall strive to achieve programming and design excellence for the public realm
through layout and building placement that enlivens the street. Development projects should not
result in a significant adverse impact of views of major natural features and resources.

A. Utilize building site, orientation, and placement to enhance the streetscape and public
realm

1. All buildings shall be oriented to the street with main entrances and windows facing a
public street.

2. Minimum and maximum setbacks are established for underlying zoning districts.
However, in order to maintain and promote a consistent street wall, applicants are
encouraged to be consistent with setback lines established by existing, desirable
development patterns.

3. In order to encourage a continuous building line, large breaks between buildings are
discouraged.

B. Recognizing that development may affect important vistas, site planning shall utilize
creative design techniques to preserve views in whole or in part as much as possible.

1319.2.3 Streetscape Elements

All development shall contribute to creating and sustaining a quality urban environment that
consists of continuous, walkable streetscapes lined with pedestrian oriented features and
activities and shall avoid creating gaps in the urban environment presented by such features as
large surface parking lots, long stretches of blank walls, and poorly defined public spaces.

A. Utilize the following ground level use and design treatments to enhance the streetscape
and contribute to the public realm.

1. Landscaping in urban areas functions differently than in suburban settings where

informal, fluid and soft-edged landscaping complement the lower density development.
In urban settings, uncontained, soft-edged landscaping and lawn areas, particularly
between the hard edges of buildings and sidewalk area are not desirable. Rather, all
landscaped areas in urban areas should be well contained, utilize appropriate plant
species and serve a clear purpose and function with the context of the built environment.

2. Buildings should provide pedestrian accessible uses at the street level on all sides
fronting a public street.

3. Entries function as a transition from the street or sidewalk to the interior of building. The
primary entrances should face a public street and be articulated with distinctive features.

4. Street facing, ground level facades on commercial buildings shall be highly transparent
and shall conform to the following requirements and prohibitions:

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 a. Ground level facades shall include a minimum of 50% windows designed to make
uses inside easily discernible to the passer-by.

b. Extensive use of reflective and highly tinted glass is prohibited.

c. Blank walls greater than 50’ along a public street are prohibited.

B. Signs should be architecturally compatible with the style, composition, materials, colors,
and details of the building and its surroundings.

1. Signs shall be integral to the architecture of the building and appropriately scaled so as to
serve their function without dominating the overall design. The size, location, design,
texture, lighting, and materials of all exterior signs and advertising features should not
detract from the use and enjoyment of proposed buildings or surrounding properties.

1319.2.4 Additional Regulations and Standards

New development should contribute to and promote a high quality public realm including the
provision of amenities for pedestrians. In the Downtown Districts, height bonuses may be
available for qualifying public amenities as provided in § 1314.4 of this Zoning Ordinance.

A. Projects greater than 10,000 square feet of gross floor area or 30 parking spaces shall
include amenities for pedestrians, bicyclists or non-motorized traffic to create a pleasant
city environment.

1. All projects must provide an adequate amount of the following pedestrian amenities:

a. Street furniture such as benches, trash receptacles, telephones, water fountains,

and clocks where appropriate for pedestrian use.

b. Safe, attractive, shaded spaces for pedestrians.

c. Shaded seating areas, bicycle parking, and bus shelters to encourage and enrich
the public experience.

The Planning Board under Site Plan Review provisions shall determine the appropriate or
“adequate” level of these amenities on a case by case basis provided, however, that nothing
herein shall alter the eligibility requirements for bonuses available under § 1314.4 of this Zoning
Ordinance.

B. Utility and mechanical equipment are to be appropriately designed and carefully

incorporated into the site.

1. Utility equipment must be located in a way to avoid conflict with pedestrian movement in
the right-of-way.

2. Mechanical equipment shall be screened from view and located away from the street
edge.

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C. Exterior lighting shall beneficially contribute to the pedestrian environment.

1. The type and size of pole fixtures should be consistent along a single block.

2. Lighting shall not be excessive in brightness, height, and use of color.

3. Pedestrian-scaled fixtures shall be employed to illuminate the pedestrian area.

4. A minimum of 1-foot candle shall be provided in all space between the building face and
the curb along all streets.

1319.2.5 Circulation and Connectivity

A comprehensive, functional, interconnected, multi-modal, and understandable access and

circulation system for all uses is an essential component of projects within the Design District.

A. Provide access and circulation improvements that match demand for the given project.
Pedestrian movements shall be given priority over motor vehicle movements.

1. Projects of over 10,000 square feet of gross floor space or 30 parking spaces must
provide a pedestrian circulation plan addressing the requirements of this section for the
project site and abutting public ways.

2. Automobile entrances to a site shall be placed in such a way as to maximize pedestrian

safety and efficient traffic circulation. Only one curb cut is allowed per street frontage
(hotels may have a second curb cut to accommodate a Porte coche temporary pick-up and
drop-off area). Multiple curb cuts may be allowed for lots with frontage more than 150
feet only after consideration of the following factors:

a. The potential for a shared driveway with an adjacent use;

b. The number and proximity of existing curb cuts in the area;

c. The potential for conflict with traffic patterns, increased traffic hazards and
congestion; and

d. The width of the street(s) serving the site.

3. All developments shall provide for on-site pedestrian circulation, including:

a. Establishing direct links to building entrances and the internal circulation of the
building

b. Establishing pedestrian links to any adjacent sidewalk(s) or multi-use path(s),

adjacent public space, and through parking areas.

c. Providing convenient access for the mobility impaired

4. Internal crosswalks shall be clearly marked and made highly visible.

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B. Buildings and structures shall not hinder pedestrian connectivity.

1. Where large structures are proposed for large areas, passageways and thru-connections
for pedestrians shall be provided.

1319.2.6 Parking

Parking areas shall be designed so as not to result in an unduly adverse impact upon the natural
environment, the pedestrian realm, or detract from the city’s beauty.

A. Parking areas are secondary to structures and streetscape elements and shall not
overwhelm or dominate a site.

1. Surface parking lots are prohibited between structures and the street. The recommended
location for surface parking areas is in the rear yard area, below grade or in parking
structures.

2. Rear parking lots should include provisions to allow vehicles to travel from one private
parking lot to another without having to enter the street.

3. Shared parking arrangements between private lots and businesses are encouraged.

B. Minimize the visual and environmental impacts of parking areas and ensure that they
include features such as landscaping and walkways which contribute to a pleasant
environment

1. All surface parking areas spaces shall incorporate trees and landscaping elements to
enhance aesthetics, to provide shade, and to buffer the view of parked cars from adjacent
uses and pedestrians. The following standards shall be met for all surface parking areas
greater than four (4) spaces:

a. Surface parking areas should be shaded by large canopied trees and shall be
adequately screened and buffered from adjacent uses.

b. Parking lot landscaping should consist of a minimum of 10% of the total parking
area plus a ratio of 1 tree for each seven parking spaces to create a canopy effect.

c. Parking abutting an exterior yard should fit the surrounding setting and should
incorporate a semi-open fence or wall into the required landscaped yard.

(i) Acceptable wall screening shall consist of a combination of masonry and

ornamental metal fencing (e.g., wrought iron) of at least four feet and no
more than six feet in height.

(ii) Unacceptable and prohibited methods of parking lot screening include

chain link fencing other similar type of fencing.

2. Large areas of uninterrupted paving (100 spaces or more) are prohibited.

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 a. Surface parking lots with 100 spaces or more shall be divided into separate areas
and divided by landscaped areas and/or walkways at least 8 feet in width, or by a
building or group of buildings.

3. Total impervious coverage should be minimized to the greatest extent practical.

Alternative materials and designs should be used to reduce and minimize the amount of
impervious surfaces and efficiently utilize urban spaces needed for vehicle parking and
storage.

C. Maintain a safe and secure pedestrian environment through the appropriate use of
lighting.

1. Lighting standards in parking lots shall not exceed a maximum of 25 feet in height.

2. All parking lot lighting shall be glare-free and shielded from the sky and adjacent
residential properties and structures through shielding or other techniques.

D. Mitigate negative visual impacts of parking structures (ramps) to the extent practical.

1. Private parking garages that are an accessory use to a commercial or mixed-use building
shall be designed to be integrated to an overall building design with consistent materials
and massing of the principal building use.

2. Private parking garages should be sited in the rear yard and have primary access along a
minor or secondary street.

3. A parking garage may only be located along a major level is utilized for retail or
commercial uses and the facades along the major street conform to the principles of these
guidelines.

E. Reduce the visual impact of service, loading and trash storage areas

1. All service, loading and trash collection areas shall be screened by a combination of
masonry or wood walls, decorative gates or planting areas.

2. Loading and service areas shall not face a residential district unless no other location is
possible.

1319.2.7 Drive-Thru Uses

In order to protect the economic base and attractiveness of a pedestrian-friendly district, drive
thru uses, where permitted within the Design District, must be sensitively designed according to
the following guidelines and standards.

A. Design drive-thru uses and features to be subordinate to other site and architectural
elements of the project.

1. Drive thru lanes and windows are prohibited between the building and the street.

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 a. Drive-thru uses must be located to the rear or side of the structure, and shall be
buffered on the rear and side lot lines.

2. Drive-thru uses shall incorporate the following:

a. Provide sufficient stacking area to ensure that public right-of-ways are not
obstructed.

b. Drive-thru uses must be built as an integral architectural element of the primary

structure and use. The materials must be the same as those used in the primary
structure and the drive-thru facility must be under the roofline of the primary
structure.

1319.2.8 R4 Heritage District Design Guidelines

New structures and buildings, regardless of proposed use, shall be designed in a form that is
interpretive of historic (pre 1945) structures in the heritage district.

A. Building Placement

Buildings should be oriented to the lot frontage of a public street to maintain a consistent street
wall and pattern/rhythm of setbacks along the street.

1. Except in limited situations in campus or estate-style development (see below), the

primary entrance to a principal structure shall be required to front upon a public street.

2. Campus or estate-style site arrangements (i.e., involving two (2) or more principal
buildings on a single lot of record) may be permitted on lots of one (1) acre or greater in
area, provided that either:

a. one or more of the principal structures on the campus or estate is placed along the
lot frontage in accordance with front yard requirements of Section 1312.3; or

b. campus or estate structures are oriented inward with a landscaped forecourt along
the lot frontage such that a front ornamental wall or fence is placed in accordance
with front yard requirements of Section 1312.3.

3. Garage doors or entrances to parking shelters/structures shall not front upon a public
street, but may front upon a public alley right-of-way.

B. Roof Types

Flat roofs are prohibited on buildings/structures or portions of buildings or structures that front
upon or are visible from public thoroughfare.

1. Various types of sloped roof types may be used and shall be a function of the overall
architectural style of the proposed structure(s). Sloped roof types that may be employed

93
 include, but would not be limited to: gable, cross-gable, hipped, cross-hipped, gambrel,
and mansard.

2. Where applicable, roofs should be consistent with the relatively steep slopes existing in
the district, but no less than “7 on 12” (i.e., at least 7 inches of rise over 12 inches of run).

3. The application of surface details that imitate the appearance of a sloped roof on a flat
roof structure (e.g., use of mansard roof panels on a side flat-roofed structure to imitate
the appearance of a sloped roof) is prohibited.

C. Building Articulation

While specific architectural styles and/or interpretations may vary, new infill structures shall
generally incorporate elevation features consistent with the range of elements in surrounding
residentially-scaled structures.

1. Buildings should be articulated and should incorporate elevation features, which

sufficiently define their bottom (i.e., foundation), middle (main building levels), and top
(roof).

2. Designs should focus details on places where vertical and horizontal elements meet, such
as roof peaks, the ends of the fascia boards, column capitals and bases, porch railings,
and window trim.

3. Elevation features should have depth, avoiding a flush or flat appearance.

4. Building components such as porch, window, and elevation components should align
with patterns exhibited along the street face to the greatest extent feasible.

D. Materials

Materials used in the construction and rehabilitation of structures in the district should match or
be reminiscent of materials used in the highest-quality examples of residential structures in the
district (Note: rehabilitation of structures on or deemed eligible for inclusion on the National
Register of Historic Places may be subject to specific application of design/material standards
governed by the State Historic Preservation Office / Niagara Falls Historic Preservation
Commission).

1. Preferred materials for building foundations and retaining walls: rough and cut stone;
rusticated masonry; and various types of high-quality concrete-based products to emulate
stone or rusticated masonry finishes (e.g., cast stone).

2. Preferred materials for main building walls: painted wood clapboard; cement fiber board
or wood composite materials that emulate traditional paint-able wood clapboard; brick
masonry; finished/cut stone; stucco; terra cotta; and limited types of high-impact exterior
insulation and finish systems (EIFS) that are involve a durable, smooth trowel finish that
emulate historic stucco finishes.

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3. Preferred materials for building trim and detailing – painted wood, cement fiber board or
wood composite materials that emulate paint-able wood, metal, finished stone, various
types of high-quality concrete-based products to emulate stone or rusticated masonry
finishes (e.g., cast stone), and terra cotta.

4. Preferred materials for walls and fencing along a lot frontage: painted wood picket,
wrought iron, stone, masonry, and field/rubble stone.

5. Use of materials not listed above, resulting from new technological advances, may be
permitted subject to Planning Board approval, provided they meet the overall objectives
for the district.

E. Usable Front Porch or Portico

1. Many of the structures in the district have usable front porches; varying from modest
residential designs to more monumental, classically-inspired, entry porticos on larger
structures. Porches encourage interaction between neighbors, put “eyes on the street,” and
introduce a distinctly urban and human scale to the district.

2. Incorporation of usable porches (at least six feet by twelve feet) is encouraged on
structures fronting a public street.

3. Two-family homes or structures incorporating two levels of habitable uses (e.g., B&B,
Inn) are encouraged to incorporate stacked porches, one for each level of living space.
Each porch should use similar materials and details where appropriate. For example, the
roofing material of the house and the porch or porches should be comparable.

4. The design of porches should be relatively transparent from the street with details
consistent with the massing and materials of other structures on the street.

F. Windows & Fenestration.

Fenestration in the district generally follows a pattern that has windows placed vertically and
aligned along the street face to create a consistent rhythm.

1. The windows and other major fenestration for a buildings face fronting upon a public
street (i.e., with the exception of selected ornamental windows) shall generally be
oriented vertically with approximately 1:2 proportions (e.g., 24 inches wide by 48 inches
high) and should be placed at an elevation and with spacing that is generally consistent
with the placement of windows on residentially-scaled structures elsewhere in the district.

2. Windows are encouraged to be operable, and articulated, at a minimum, as double-hung,

3. “one-over-one” panes of glass, although more detailed articulation of windowpanes (e.g.,

“four-over-one”, “six-over-one”, “four-over-four”, etc.) is permitted. Windows designed
of large, fixed, expansions of glass or without trim are prohibited.

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4. The incorporation of horizontal window fenestration may be permitted, if broken up into
a grouping of individual, vertically oriented window openings, each articulated as an
individual window with trim, mullions, and/or mutins.

G. Parking

1. Access to parking areas or garages shall be via public alley right-of-way, where such
access is available and feasible.

2. Accessory parking garages shall be strongly encouraged to be detached and set back at
least thirty (30) feet from the lot frontage. If attached, garages shall be sited in a rear
yard and positioned so that garage access doors are not visible from the lot frontage.

1319.3 Urban Renewal Areas

Refer to Schedule 3 – Urban Renewal Areas and the specific Urban Renewal Plans and/or
projects as adopted for relevant provisions and regulations, which may otherwise vary from the
Zoning Ordinance.

1319.4 Airport Protection Overlay

1. PURPOSE

The proposes of the Airport Protection Overlay District (APOD) is for the protection of the
public health and safety, the promotion of air safety and to optimize the use of the navigable
airspace proximate to the Niagara Frontier Transportation Authority (NFTA) Niagara Falls
International Airport (NFIA) and Niagara Falls United States Air Force Reserve Station (ARS);
to enhance the economic benefits derived from a continued and expanding use of both the NFIA
and the ARS, and; to prevent the creation or establishment of a potential airport hazard or a land
use detrimental or simply incompatible with those purposes.

Additional objectives of this overlay are to regulate the height, land use and new construction,
major modernization or substantial rehabilitation within the environs that is consistent with
United States Department of Transportation (DOT), Federal Aviation Administration (FAA)
regulations, particularly 14 CFR Part 77, which amongst other things, ensures the safety of the
approaching and departing aircraft the NFIA.

2. AIRPORT PROTECTION OVERLAY DISTRICT (APOD) BOUNDARIES

The City’s Airport Protection Overlay District boundaries establish applicability for this overlay
and is illustrated on ‘Schedule 14’ of this Zoning Ordinance. When interpreting these
boundaries, as determined by the Director of Planning or assigned-designee, any project site
within the boundary will need to meet the requirements of this overlay.

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3. APPLICABILTY

A. Review. At a minimum, the provisions of this Section require a coordinated

review, and may require compliance with any guidance provided by the NFTA,
FAA, and the by the ARS with regards to any proposed development actions,
within the APOD, and listed below:

1. New construction

2. Change in use of an existing facility

3. Introduces explosive, flammable or toxic materials to the area

4. Repair, rehabilitation, expansion or modifications of structures that cost

more than 50 percent of the appraised value; or a significant increase in
the density or number of people at the site;

5. Zoning map amendments (rezoning of property,) and;

6. All use variances, area variances, and special-use permits.

B. Standards. Any such review of a proposed development action shall invoke

applicable FAA regulations and standards regarding land use, height, exterior
lighting and other standards regarding possible impairments or hazards to aviation
operations including, but not limited to, the following,

1. Permitted Land Uses. Unless otherwise modified under this section, the
uses authorized by ‘Schedule 1 – Use Table’ of this Zoning Ordinance
shall apply to all parcels;

2. Height Limit. Unless otherwise modified under this section, the structure
height limits of the underlying zoning district shall apply to all buildings
and other structures within the APOD and provided no structure shall
approach or exceed the height limitations within USDOT FAA 14 CFR
Part 77.

3. Bird/Wildlife Aircraft Strike Hazard. This overlay prohibits any

landscaping or environmental changes (e.g. standing water, brush, etc.),
intentional or as a result of neglect, that attracts wildlife (raptors, seagulls,
flocks of cowbirds/starlings, deer, coyotes and Canada geese) that would
negatively impact aviation safety.

4. Lighting. All exterior site lighting, including wall-mounted or ground

mounted lighting fixtures and luminaries, shall: minimize glare, up-light,
and light trespass; use a “warm” or filtered LEDs (preferably CCT < 3,000
K I S/P ratio < 1.2) minimizing “blue-light” emissions, be a full-cutoff
design; be angled downward and away from adjacent properties, and/or; of

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 a type that does not exceed a 90 degree cutoff angle. Light standards shall
not exceed 25’ in height.

4. REFERRAL OF COMPLETE APPLICATION

Upon receipt of a properly completed Site Plan Review application for the development actions
within the APD, as described in Chapter 1324.4.2 herein, the Director of Planning or assigned-
designee shall determine whether or not the proposed action conforms with the requirements of
this overlay. If such proposed action and/or use otherwise conforms to the Zoning Ordinance, the
Director of Planning or assigned-designee shall then refer copies of the application and SEQR
documentation prior to issuance of any approval as follows:

A. To the Niagara Falls Air Reserve Station/Department of Defense, Federal

Aviation Administration, the Niagara Frontier Transportation Authority and other
appropriate City of state officials, departments or agencies for their review and
comment;

B. To the Niagara County Department of Planning in accordance with section 239-m

of the General Municipal Law, and/or to any involved agencies as may be
appropriate under SEQR or other applicable local, state, or federal law, and;

C. Make every effort to submit any and all agency comments and recommendations
received in referral to the applicant and to the Planning Board and/or Zoning
Board of Appeals as least five (5) days in advance of any meeting or hearing at
which approval of the proposed action will be considered.

Comments, if any, from these referrals shall be taken into consideration by the City in its review
of the proposed action/construction. Conditions can be placed on the project in response to these
comments.

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 1320 CITY-WIDE REGULATIONS

The 1320-1329 series of Chapters describes the various Citywide regulations applicable to
development.

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 1321 DISTRICT EXCEPTIONS

1321.1 Room Rental to Non-Transient Guests

In any Residential District, the renting of rooms to not more than two non-transient guests in a
dwelling by the owner thereof, as an incidental use to its occupancy as a dwelling of the
character shall be permitted provided that no sign shall be displayed in connection with such
renting and further provided that the owner occupies the same dwelling as a primary residence.

1321.2 Utility - Public

Publicly owned and operated utilities are permitted in any district, providing that there shall be
no buildings or yards used for the storage of materials or equipment in connection therewith, and
further provided that prior to establishing such use or facility approval shall first be obtained
from City Council.

1321.3 Utility - Private

Private sector utilities or service providers including facilities and equipment incidental to the
construction or maintenance thereof, exclusive of any permanent deposition of excavated or
other construction debris above the prevailing grade, are permitted, on any land owned by the
service provider in accordance with the following schedule:

A. In any Residential District: Prior to establishing such use or facility, a permit shall first be
obtained from City Council providing that there shall be no materials or equipment
storage buildings or storage yards in connection therewith and further that all other
regulations for the district shall be complied with.

B. In any Commercial District: In addition to any use permitted in a Residential District;

Central telephone exchanges, bus and rail passenger terminals and other similar uses and
facilities, as determined by the Planning Office as being included in this category,
provided that there shall be no materials or equipment storage buildings or yards in
connection therewith and further that all other regulations shall be complied with.

C. In any Industrial District: Any use permitted in any more restrictive District, and; Any
other use not heretofore authorized and not otherwise prohibited by law or regulated by
ordinance, provided that all other regulations shall be complied with.

1321.4 Home Occupations

Customary home occupations or offices are permitted accessory uses in all Residential or Mixed-
Use Districts provided that the home occupation or office shall be clearly incidental to the
residential use of the dwelling and involve members of the immediate family residing in the
dwelling unit.

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A. Home occupation or office shall not occupy more than fifteen percent (15%) of the
existing floor area of the dwelling unit or 500 square feet, whichever is less;

B. Home occupation or office shall not change the exterior residential character or
appearance of the dwelling in any visible manner;

C. Home occupation or office shall not involve the storage of equipment, vehicles, materials
or products outside of any building and visible from the street, or the sale of any
commodity or article that is not hand-crafter on site;

D. No parking area shall be permitted in any required front (or side) yard;

E. No home occupation shall create noise, dust, vibration, odor, smoke, electrical
interference, fire hazard, or any other nuisance that is perceptible beyond the lot lines;

F. Home occupation or office shall in no event be deemed to include: animal hospitals,

kennels, clinic or hospitals, dancing schools, mortuaries, nursery schools, clubs, auto
repair, restaurants, tourist homes, rooming, housing or boarding houses, and other similar
uses;

G. Home occupation may include Family Day Care.

1321.5 Telecommunications Facility - Exempt

The following telecommunication facilities shall be permitted in all districts without a Special
Permit, except within a recognized Historic District:

A. A single ground or building mounted receive-only, non-parabolic, radio or television

antenna, including any mast, in conjunction with a residential use on the same parcel
where radio or television antenna is located, with a ground mounted antenna height not
exceeding twenty-five feet (25'), or a building mounted antenna height not exceeding ten
feet (10’) from the building ridgeline;

B. A single ground or building mounted citizens band radio antenna with a ground mounted
antenna height, including any mast, not exceeding thirty-five feet (35'), or a building
mounted antenna height not exceeding ten feet (10’) from the building’s ridgeline;

C. A single ground, building, or tower mounted antenna operated by a federally licensed

amateur radio operator as part of the Amateur Radio Service, if the height (post and
antenna) does not exceed thirty-five feet (35’), or which existed prior to January 1997.

D. Mobile services providing public information or coverage of news events of a temporary

nature;

Amended 10/4/10 101

E. Hand held devices such as cell phones, business-band mobile radios, walkie-talkies,
cordless telephones, garage door openers and similar devices as determined by the
Planning Office;

F. City government owned and operated receive and/or transmit telemetry station antennas
that support public safety or emergency services, or other similar use as determined by
the Planning Office, with heights not exceeding seventy feet (70’);

G. The co-location of a telecommunication facility upon a legally established facility may be

considered an exempt facility and shall not require a Special Permit; however,
telecommunication fees and bonding requirements as identified in Section 1328 remain
applicable. A Site Plan approval shall still be required.

H. Satellite earth stations, or parabolic antennas, are allowed as an accessory use and shall
be: (1) on the ground, or; (2) situated as close to the ground as possible without
compromising its function; (3) on the sides of buildings, or (4) only if 1, 2, 3, are proven
to be technically infeasible by a certified professional a roof mounted installations is
allowed below the ridgeline, or in the center if a flat roof structure, and in accordance
with the following schedule:

1. Residential Districts: Roof-mounted satellite antennas are prohibited in Residential

Districts. Only one satellite antenna, per residential dwelling unit per parcel, except for
residential uses definable as multi-family herein which shall be limited to two per
structure, and no satellite antenna shall exceed 2 meters (78.74 inches) in diameter.
Ground-mounted Satellite antennas are allowed only in rear yards, and shall be less than
12 feet in total height, and no closer than 10 feet to any rear or side lot line. Satellite
antennas, regardless of size, may be restricted in number for any single parcel if
additional antennas are deemed to create an adverse visual impact.

2. Commercial Districts: Any roof-mounted satellite earth station larger than 2 meters in
diameter shall require stamped drawings indicating wind load imposed, roof structure
design, or redesign of roof structure to carry added wind/weight load approved by the
Director of Inspections and no satellite antenna shall exceed 10 feet in diameter. In
Commercial Districts, ground-mounted satellite earth stations may not be placed more
than 25 feet above grade, and shall be subject to Chapter 1322. Satellite antennas,
regardless of size, may be restricted in number for any single parcel if additional antennas
are deemed to create an adverse visual impact.

3. Industrial Districts: Satellite earth stations, more than 2 meters and less than 10 meters
are permitted with a Special Permit providing all other district requirements are met.

1321.6 Projections - Height

Architectural towers, gables, penthouses, scenery lofts, cupolas, necessary mechanical

appurtenances and similar structures, may be erected on a building to a height greater than the
limit established for the district in which the building is located; provided that such exception
shall cover at most 50 percent of the floor area directly below; provided, further, that no such

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exceptions shall be used for any commercial purpose other than those incidental to the permitted
primary use of the main building.

The height limitations of this Zoning Ordinance shall not apply to public utility facilities,
chimneys in industrial districts, church spires, flag poles on public property, monuments, or
electric transmission towers.

1321.7 Projections – Side, Rear, Front Yard

The following features may extend into any required front, side or rear yard without crossing the
property lot line and not to exceed the distances specified:

A. Cornices, canopies, eaves, or any similar features, none of which is less than 10 feet
above grade: 2 feet, 6 inches

B. Open fire escapes: 6 feet

C. Chimneys: 2 feet

1321.8 Projections – Porches

Any terrace or unenclosed porch in a Residential District may extend into the required front yard
a distance not to exceed 8 feet, but in no event nearer than 50% of the front yard setback of the
lot, and may be roofed or otherwise covered but shall have no guard rail or wall exceeding 3 feet
6 inches in height. All horizontal distances shall be measured to the foundation line of such
terrace or porch, provided, however, that a roof overhang may extend not more than 1 foot
beyond the foregoing permitted extension.

In Residential Districts, no porch, terrace, or outside stairway shall project more than four feet
(4’) into any side yard nor closer than three feet (3’) to any side lot line, and any outside stairway
may extend into any side yard only if the same is unroofed and unenclosed above and below the
steps thereof.

1321.9 Corner Lot Sight Triangle

No fences, signage, hedge, wall, retaining wall, structure, or landscaping display shall be
permitted over four feet (4’) in height above the adjacent sidewalk, or if none, the adjacent street
within the sight triangle. The sight triangle shall have dimensions of six feet (6’) for each leg as
measured from the intersection of any property line and/ or the driveway and more specifically
as illustrated in Schedule 10.

1321.10 Accessory Buildings

1321.10.1 Accessory Buildings in Residential Districts

Nothing in this Zoning Ordinance shall be deemed to prohibit accessory and incidental uses that
shall adhere to the following standards:

Amended 10/4/10 103

A. Accessory buildings located other than in a rear yard shall comply in all respects with the
requirements of this Zoning Ordinance applicable to main buildings.

B. No accessory building shall be located nearer than two feet (2’) to any side or rear lot
line.

C. An accessory building that is attached to a main building shall be deemed to be a part

thereof and shall comply in all respects with the requirements of this Zoning Ordinance
applicable thereto with the exception of those accessory buildings that are attached to a
main building by a breezeway or covered passageway with open or latticed sides. Such
accessory structure shall be located no nearer than six feet (6’) to the primary building.

D. An accessory building, detached or attached to a main building in no other manner than

by a breezeway or covered passageway with open or latticed sides, shall not exceed a
maximum height of twelve feet (12’) for a flat roof or sixteen feet (16’) for a roof of any
other type and shall occupy no more than thirty percent (30%) of the rear yard.

E. No accessory building on a corner lot, with vehicular access from the side street, shall be
located nearer to the side street line thereof than a distance which shall be not less than
the required side yard setback.

F. When the rear yard on a corner lot adjoins the front yard of a lot to the rear, no accessory
building on such corner lot shall be located nearer to the street line of the street on which
the lot to the rear faces than a distance equal to the depth of front yard required on such
lot to the rear, provided that this regulation shall not be applied so as to require that the
line of such accessory building that faces toward such street and is nearest thereto shall
be nearer to the lot line opposite such street than a distance of twenty-five feet (25’).

G. No door of any accessory building or improvement, except a fence which door opens into
an alley, shall be erected, constructed, or established nearer to the center of such alley
than a distance of fifteen feet (15’).

H. Accessory building shall not exceed 1,000 square feet in area and no one horizontal
dimension may exceed thirty-six feet (36’) in length.

1321.10.2 Accessory Uses Permitted In Open Space District

Customary recreational, refreshment and service uses, and buildings in any public park,
reservation, playground, or other recreational area, incidental to the recreational use of such area.

1321.11 Fence Heights

1321.11.1 Fence in Residential District (Refer also to 1321.9 for Sight Triangle
Requirements)

A. Fence in Front Yard: Maximum height of four feet (4’)

104 Amended 10/4/10

B. Fence in Rear Yard: Maximum height of six feet (6’) except on corner lots where the
maximum height shall be four feet (4’) for that part of the rear yard which is adjacent to
the street, and abuts the front yard of an adjacent property as illustrated on Schedule 11.

C. Fence in Side Yard: Maximum height of six feet (6’) except on corner lots where the
maximum height shall be four feet (4’) for the side yard adjacent to the street.

1321.11.2 Fence in Industrial District

No fence or wall shall exceed eight feet (8’) in height. No barbed wire shall be used less than six
feet above grade in or upon any fence or other structure. Refer also to 1321.9.

1321.11.3 Fence in Commercial District

No fence or wall shall exceed six feet (6’) in height. Fence shall be reduced to a four foot height
where the fence is aligned with the front yard setback of adjacent residential properties. Refer
also to 1321.9.

1321.12 Sidewalk Patio Requirements

1321.12.1 Outdoor Patio on Private Property

A. Outdoor patios shall not block access to Fire Department connections, sewers, water
works, gas valves or doors.

B. Outdoor patios shall be marked off by means of planters or railings that have an “Open”
appearance; the minimum height allowed is 18” and the maximum is 30.”

C. Advertising in outdoor patios shall be regulated as signage under Chapter 1121.

D. All outdoor dining furniture, including tables, chairs, umbrellas and planters in outdoor
patios shall be stored indoors during winter season.

E. Outside storage of materials/equipment shall be maintained clutter free, secure and

screened, as necessary.

1321.12.2 Outdoor Patio within Public Right-Of-Way

In addition to all requirements for Outdoor Patios on Private Property, the outdoor patio shall:

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A. directly abut the business face or curb line so patrons and servers do not interrupt the
flow of sidewalk pedestrian traffic; and be adjacent to the business property;

B. leave sufficient unobstructed sidewalk width (minimum four feet (4’) wide) for
pedestrians access;

C. have a mandatory closing of 12:00 am (midnight);

D. be constructed so that it can be completely removed with 48 hours, if required;

E. decks, platforms and structures are not permitted except to level a significant grade
difference in the sidewalk or to harmonize indoor and outdoor seating levels; any deck
must be wheelchair accessible;

F. obtain a liquor license extension if liquor is to be served in the sidewalk patio;

G. enter into an encroachment agreement with the City, renewable on an annual basis.

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 1322 LANDSCAPING, SCREENING AND BUFFER REGULATIONS

1322.1 Purpose

The purpose of the following standards are to enhance the appearance and natural beauty of the
City, to improve the overall environmental quality, aid in pollution control, and to protect and
preserve the appearance, character and property value of surrounding neighborhoods, thereby
promoting the general welfare by providing for installation and maintenance of landscaping for
screening and aesthetic qualities. Specifically, these standards are intended to reduce excessive
heat, glare, or dust; to provide privacy from the noise and visual intrusion of unlike or
incompatible uses; to prevent the erosion of soil, excessive run-off and drainage and the
pollution of water bodies; to aid in oxygen production.

1322.2 Applicability

This section applies to any application for site plan approval by the Planning Board.

1322.3 Planning Board Discretion

The Planning Board may waive any requirement of this section (Chapter 1322) when existing
vegetation, topography or other features already ensure proper landscape treatment or where lot
size and shape or existing structures make it unfeasible to comply with the requirements of this
section. The Planning Board shall base its decision on a landscaping plan submitted by the
applicant designed by a certified landscape architect.

1322.4 General Requirements

The following provisions shall apply to all uses in all Zoning Districts:

A. Landscaping, trees, and plants required by these regulations shall be planted in a growing
condition according to accepted horticultural practices and they shall be maintained in a
healthy growing condition. Any landscaping, trees and plants which are in a condition
that does not fulfill the intent of these regulations shall be replaced by the property owner
during the next planting season for the particular plant material.

B. All landscaping, trees and planting material adjacent to parking areas, loading areas, or
driveways shall be properly protected by barriers, curbs, or other means from damage by
vehicles, and excessive run-off or improper drainage.

C. To the extent possible, existing trees, vegetation, and unique site features shall be
retained and protected. Existing healthy, mature trees, if properly located, shall be fully
credited against the requirements of these regulations.

D. The selection of plant varieties shall be based on regional climatic conditions, constraints
of location, effectiveness in screening adjacent properties (where appropriate), resistance
to disease and insect attack, cleanliness and ease of maintenance.

Amended 12/13/10

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E. The following plant sizes are the minimum required at time of installation. However, the
Planning Board may require larger material to address particular site issues.

1. Deciduous shrubs: 24” spread or height

2. Evergreen shrubs: 18” spread or height

3. Coniferous trees: 6’ height

4. Ornamental and under story trees: 1.25” caliper

5. Deciduous shade trees: 2.5" caliper

6. Ground cover: 2.5" pot (or similar size if not provided in pots) and planted at the
recommended spacing for plant species used.

1322.5 Landscaped Yard Requirements

Landscaping may include a mix of tree species for the total number of required trees and
determined as follows:

A. There shall be one (1) shade tree per fifty (50) linear feet of frontage along public streets.
These shade trees shall be located along the street frontage or in the right-of-way at
regularly spaced intervals.

B. Ground cover: suitable ground cover shall be provided in the front yard area in all zones
except where no front yard is required.

C. All newly planted trees shall be planted in a permeable area of no less than a three-foot-
wide radius from the base of the tree, or in an appropriate median strip not less than 5’
wide.

1322.6 Screening and Buffer

A. Screening and buffers are required for any lot or use in any industrial or commercial
district that abuts a residential district or open space district. In addition, Structures,
pavement, utility construction, signage and similar improvements shall not be permitted
to encroach on any buffer unless specifically permitted by the Planning Board.

B. The required buffer is intended to be landscaped and improved in order to provide

effective visual screening on a year-round basis. Buffers shall employ existing
vegetation, or nursery stock, or both, as well as fences, walls, earth berms, or grade
changes in accordance with these standards.

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Zoning district adjacent Minimum width of Number of trees per 100 Approximate number of
to residential or open buffer area linear feet shrubs per 100 linear
space feet

Traditional Commercial, 10’ 4 20

Neighborhood
Commercial, Downtown

General Commercial 20’ 5 20

Industrial 30’ 6 20

C. Screening: Other screening and buffering shall be provided as follows:

1. Refuse Container Screen: Refuse containers or disposal areas shall be screened from view
by placement of a solid wood fence or masonry wall at least as tall as the refuse
containers, but no less than 5 feet in height. All refuse materials shall be contained
within the refuse area (Refer also to Chapter 738.08 of the Codified Ordinances).

2. Service Corridor Screen: When adjacent to residential uses, commercial and industrial
service corridors shall be screened. Siting and design of such service areas shall reduce
the adverse effects of noise, odor and visual clutter upon adjacent residential uses.

3. Mechanical Equipment Screen: All mechanical equipment shall be screened from any
public right-of-way or adjacent to residential use or district.

4. Outdoor Storage: All outside storage shall be screened from view with fencing and/or
landscaping. This requirement may be waived for industrial zoned properties not
adjacent to commercial or residential uses.

1322.7 Surface Parking Lots

This section applies to any parking areas that include more than ten (10) spaces.

A. General Requirements

1. Parking medians, islands, and strips shall be curbed for proper traffic control and safety.

2. Corner clearance and sightlines shall be observed regarding all landscaping or

buffers/screens.

3. All trees and other vegetation within the parking lot landscaped areas are subject to the
maintenance requirements of this section.

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B. Perimeter Landscaping

1. A minimum five-foot buffer strip abutting a public right-of-way shall be landscaped.

This requirement does not apply to areas within required driveway or other access points.

2. Landscaping shall be required along all sides of a parking lot or paved drive that abuts
adjoining property of public right-of-way.

3. The perimeter landscape buffer along a sidewalk or pedestrian way shall consist of
planting materials and/or structural features to create a minimum four (4) foot high visual
relief screen in the form of a hedge, fence, planter box, dividers, shrubbery, or trees, or a
combination thereof. All landscaping forming such visual relief shall create a two-foot-
tall minimum screening at initial planting.

C. Interior Landscaping

1. Individual parking aisles shall not contain more than twenty-five (25) spaces in a row
unless a planted median and island are installed.

2. Where a series of ten (10) or more parking aisles in a row are proposed, a planted median
and island shall be provided.

1322.8 Maintenance

Maintenance of landscaping: The owner, tenant, or agent, if any, shall be responsible for
providing, protecting, and maintaining all landscaping in healthy and growing conditions,
replacing it when necessary to ensure continuous conformance with these guidelines and keeping
it free from refuse and debris. All newly planted vegetative material shall be guaranteed to meet
minimum American Standard for nursery Stock standards at the time of planting and for one (1)
year thereafter.

Required landscaped areas shall be routinely maintained free of debris and litter and in good
condition, with regular mowing of grass, so as to present a neat, healthy and orderly appearance.
Maintenance shall include the replacement of all dead plant material.

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 1323 SUBDIVISIONS / AMALGAMATION

1323.1 General Provisions

To encourage the appropriate development of parcels of land which are currently vacant or
underutilized.

1323.1.1 Amalgamation Required

Unless otherwise approved by the Planning Board or where this ordinance provides an exception,
all development sites containing more than one parcel shall be amalgamated into a single
lot/SBL number, pursuant to regulations, prior to filing for a building permit.

1323.1.2 Lots to Comply With Zoning

Where a lot is hereafter formed from the part of a lot already occupied by a building, such
separation shall be effected in such manner as not to impair conformity with any of the
requirements of this Zoning Ordinance with respect to the existing building and all yards and
other open spaces in connection therewith, and no permit shall be issued for the erection of a
building on the new lot thus created unless it complies with all the provisions of this Zoning
Ordinance.

1323.1.3 Site and Structure Requirements

A. The right-of-way and pavements widths for internal roads serving all development shall
be adequate and sufficient in size, location, and design to accommodate the maximum
traffic, parking and loading needs and the access of fire fighting equipment and police or
emergency vehicles. The pavement of said roads shall be not less than 24 feet wide and
shall be subject to all other applicable City ordinances and standards.

B. The developer shall provide all necessary water and sewer facilities, storm drainage,
highway access, paved service streets, parking and loading facilities, and off-street
lighting, making reasonable provision for utility service connections with adjoining
properties in other ownership.

C. Where such features exist, it shall be the City's policy to preserve and incorporate into the
landscaping the development of natural features, such as streams, rock outcrops, trees,
and shrubs. All trees with a diameter of 8 inches or more, measured 3 feet from the base
of the tree, shall be preserved to the fullest extent possible, consistent with good design,
engineering and reasonable development of the site.

D. All electric, telephone, cable TV, and similar equipment shall be installed underground in
accordance with all New York State regulations.

1323.1.4 Shopping Centers

The Planning Board is authorized to review subdivisions for Shopping Centers pursuant to the
procedures set forth in Article 3 of the New York State General City Law. Retail stores may be

111
arranged into Shopping Centers, with or without separate ownership of individual stores. So long
as proper provision is made, the retail shopping center may include shared or common drainage,
water supply, sewerage, signage, off-street parking, landscaping, cross-lot access easements to
abutting properties and ingress and egress to all lots, blocks or sites within the retail shopping
center. Proper provision may include, but is not limited to, common or shared access, parking,
signage and utilities as evidenced by reciprocal or other easement agreements, leases,
condominium documents or similar arrangements for common or shared rights among tenants,
owners or occupants of the retail shopping center. So long as proper provision is made as set
forth above, off-street parking and loading (Chapter 1325) and landscaping (Chapter 1322) may
be shared or in common. So long as proper provision is made as set forth above, one shared or
common pole sign with the names of each of the individual stores or establishments shall be
allowed.

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 1324 SITE PLAN REVIEW

1324.1 Purpose

The site plan review process recognizes that some developments and uses, even though generally
suitable for location in a particular district are, because of their design, character, nature, size,
complexity or other indicia of probable impact, capable of adversely affecting the goals for
which this Zoning Ordinance is established unless careful consideration has been given to critical
design elements. It is the purpose of this section to provide a vehicle for the review of the
applicant's attention to such elements.

The site plan review requirements herein are designed to foster and maintain attractive, high
quality, sustainable places in which people will want to live, work and relax in accordance with
the purposes and intent of the Comprehensive Plan. In addition, the site plan review process
prescribed hereunder is intended to ensure consistent application of superior land development
and design standards in furtherance of the city’s comprehensive planning efforts generally, and
to provide for the safe and efficient movement of traffic; enhanced land use compatibility; and
the protection of the public health, safety, environment and general welfare.

Nothing herein shall relieve a project applicant from complying with applicable building permit
or other approval requirements. The receipt of site plan approval shall not relieve the applicant
from any other provisions of this Zoning Ordinance, nor shall such approval constitute a
recommendation for approval of any subsequent approval or other relief that the applicant may
thereafter seek from the Zoning Board of Appeals.

1324.2 Basic Requirements

Except as otherwise provided herein, site plan review shall be required for any development or
redevelopment that includes construction, enlargement or addition to any building or site
preparation or use that does not include or require a building. Site plan review shall not be
required for "Level 1" projects identified below or for projects involving no site or external
alterations or for accessory structures not changing land use or density.

To be eligible for site plan review, the applicant must be the owner or agent as designated by the
owner, lessee or purchaser under contract for the involved parcel. An agent, lessee or purchaser
under contract must obtain and submit with its application for site plan review the written
permission of the current property owners to submit such application.

Where a proposed site plan contains one or more features which do not comply with the
dimensional requirements of this Zoning Ordinance, application can be made to the Board of
Appeals for an area variance.

1324.3 Pre-Application Conference Procedures

A pre-application conference with the Director of Planning or his designee is recommended for
all potential site plan review applications. Where a conference is scheduled, the applicant shall
submit to the Director of Planning or his designee two (2) copies of a sketch plan of the proposed
improvements seven (7) days prior to that conference. Upon completion of the conference, the

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Director of Planning or his designee shall provide the applicant with a signed copy of the
application form as proof of participation.

1324.4 Site Plan Submission Requirements

This section details the procedures and submission requirements for review of proposed projects,
which shall be subject to different levels of scrutiny designated as "Level 1" and "Level 2"
reviews depending upon the nature and scope of the proposed development. This two-track
review system is established to provide the City, community, and applicant with the appropriate
level of review and public comment for each type of project and to facilitate the timely
administration of site plan applications in a manner that is protective of the public health, safety
and welfare.

SUMMARY AND COMPARISON OF

LEVEL 1 AND LEVEL 2 REVIEWS

The following chart is provided for illustrative purposes only, and is subject to the more detailed
requirements set forth in this § 1324:

LEVEL 1 REVIEW LEVEL 2 REVIEW

Sample Project Types Minor projects such as small Significant projects such as
improvements and expansions multi-family housing and
falling below specified use and improvements within the Design
dimensional thresholds Review District that fall above
specified use and dimensional
thresholds

General Submission Letter of intent, basic site plan, Application form, project
Requirements SEQRA short form. description, site plan, SEQRA
short form and applicable fees

Pre-application Conference Optional Recommended

Review and Decision Director of Planning or his Planning Board with

designee - no site plan review recommendation report from
required Director of Planning or his
designee

Hearings No Public Hearings Public Hearing mandatory for

proposed commercial
development adjacent to a
residential zoning district
otherwise at discretion of
Planning Board

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 1324.4.1 Level 1 Review

Certain types of actions as specified herein are considered to raise comparatively minor planning
and design considerations and shall not require site plan review. Such actions shall be subject to
a streamlined review by the Director of Planning or his designee unless otherwise specified.

A. Actions subject to Level 1 Review Procedure:

The City Council acknowledges that certain proposed projects do not warrant site plan review,
and therefore authorizes the Director of Planning or his designee to review and approve, approve
with modifications, or disapprove projects meeting the below criteria for Level 1 review.
However, the Director of Planning or his designee is also authorized to refer any such proposed
projects to the Planning Board for a Level 2 site plan Review if such project falls within the
Design District designated under section 1319.2 or other Overlay District designated under
section 1319.1 of this Zoning Ordinance; if such projects otherwise meet a specified Level 2
criterion; or if the Director of Planning or his designee determines that a Level 2 review would
be useful and appropriate to further the purposes and intent of this Zoning Ordinance or
otherwise serve the public interest.

No site plan review is necessary, and a level 1 review may be conducted for, any project that
meets any of the below criteria, unless that project also meets a specified Level 2 criterion
specified in section 1324.4.2 (A) of this Zoning Ordinance.

1. Single-family and two-family homes within Design Districts and the Waterfront Overlay
District only - (all other single and two-family homes and their accessory structures are
exempt from review under this Section 1324).

2. All other structures, buildings or improvements below the following thresholds:

a. Residential uses with a gross floor area less than or equal to 1,000 square feet

b. Non-residential uses with a gross floor area less than or equal to 2,500 square feet

3. Amendments to previously approved site plans may be approved by the Director of

Planning or his designee if it is determined there is no change in the use and intensity of
such use from the previously approved site plan.

4. Minor modifications of existing wireless telecommunications facilities, whether

emergency or routine, provided there is little or no change in the visual appearance of the
wireless telecommunications facility. Minor modifications are those modifications, to
conforming attached wireless communications facilities that meet the application
requirements and performance standards contained herein, including the addition or co-
location of antennas and accessory equipment.

5. Any proposed improvements in the Waterfront Overlay District which would affect
existing sight lines to the river or shoreline usage, and do not exceed the aforementioned
square footage thresholds. The term "improvements" as used herein shall include, but not
be limited to, parking spaces and structures, tennis courts, boat docks and storage

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 structures, fencing, the planting of four or more trees or large shrubs, gazebos, pools,
decks, signs, and other ancillary structures.

B. Level 1 Submission requirements:

1. A Letter of Intent signed by the applicant which identifies the project location and project
scope with information sufficient to determine eligibility for Level 1 review.

2. Site plan or project shown at sufficient scale and level of detail to enable the Director of
Planning or his designee to ascertain and understand the location and dimensions of
existing and proposed structures and improvements.

3. Photographs of the subject property.

4. Payment of applicable fees.

5. Environmental review: All Level 1 submissions shall include all documentation required
under Article 8 of the Environmental Conservation Law, implementing regulations at 6
N.Y.C.R.R. Part 617 and Chapter 1326 of this Zoning Ordinance.

C. Level 1 Review:

1. Certification of Zoning Compliance

The Director of Planning or his designee shall certify whether or not the submission is
complete and in conformance with the requirements of this Zoning Ordinance.
Applications which do not conform to all submission requirements will not be considered
by the Director of Planning or his designee.

2. Referral

Where applicable, the Director of Planning or his designee shall refer a Level 1 project
application and SEQRA documentation to the Niagara County Department of Planning in
accordance with section 239-m of the General Municipal Law and to any involved
agencies as may be appropriate under SEQRA and other applicable local, state or federal
law.

3. Decision

The Director of Planning or his designee shall render a decision on a Level 1 application
within ten (10) days after the Level 1 application is determined to be complete.

1324.4.2 Level 2 Review

A. Actions subject to Level 2 Review Procedure.

The City Council authorizes the Planning Board to review and approve, approve with
modifications, or disapprove site plan applications meeting the criteria for Level 2 review.

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 The Level 2 review criteria are as follows:

1. All actions that exceed Level 1 thresholds for gross floor area or that are otherwise not in
conformance with the Level 1 criteria set forth in section 1324.4.1(A) of this Zoning
Ordinance.

2. All structures, buildings or improvements within the Design District designated under
section 1319.2 of this Zoning Ordinance or other Overlay District designated under
section 1319.1 of this Zoning Ordinance that exceed Level 1 criteria set forth in section
1324.4.1(A) of this Zoning Ordinance.

3. Any change in use or intensity of use to an approved site plan which will affect the
characteristics of the site in terms of parking, loading, access, drainage, utilities, traffic,
or other environmental impact for any commercial, industrial or multi-family use.

4. Any proposed use or structure in a flood hazard area as identified by FEMA.

5. Any action (requiring Planning Board approval) involving or impacting an Historic

landmark as defined in Section 1303.2.8 of this Zoning Ordinance.

B. Level 2 Site Plan Submission Requirements

1. Twelve copies of a completed City site plan application form bearing: an accurate legal
description, tax account number(s) and location of the property; the name, address, and
telephone number of the applicant; the name and addresses of all property owners if other
than the applicant; the signature of the property owner(s), and the nature of the
applicant’s interest in the property.

2. Twelve copies of a written statement that includes the following:

a. A complete list of all approvals being sought

b. A complete description of the proposal including existing and proposed use(s) or

physical change(s)

c. A description of how all approval criteria for the zoning review(s) are met (this
may be placed on the site plan). For example, the applicant shall include the
minimum and maximum site requirements such as lot size, setbacks, or FAR and
how the project conforms to these requirements

d. If applicable, a request for one or more FAR bonuses along with all information
necessary to determine FAR bonus eligibility under section 1314.4.1 of this
Zoning Ordinance.

e. Any additional information requested by the Planning Board and/or Director of

Planning that is reasonably necessary for them to understand the proposal and
determine its compliance with the requirements, purposes and intent of this
Zoning Ordinance.

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3. Twelve copies of a site or development plan. All plans shall be prepared by a New York
State licensed professional engineer, landscape architect, or architect unless waived by
the Planning Board. The Planning Board Chair or Director of Planning or his designee
has the right to reject any application submitted if it fails to meet the minimum submittal
requirements. The site or development plan must be drawn accurately to scale and must
show the following existing and proposed information:

a. All property lines with dimensions and total lot area

b. North arrow and scale of drawing

c. Adjacent streets, access (driveways), curbs, sidewalks, and bicycle routes

d. Existing natural features such as watercourses including the ordinary high water
line and top of bank

e. Existing and proposed contours or grades

f. All trees greater than six (6) inches in diameter, measured five (5) feet above
ground, in areas to be disturbed

g. Easements and on-site utilities

h. Existing and proposed development with all dimensions

i. Building elevations showing all sides of proposed structures including color and
type of materials

j. Location of adjacent buildings

k. Distances of all existing and proposed development to property lines

l. Landscaping plan including types and location of vegetation, street trees,

screening, fencing, and building materials including fences and walls

m. Percentage of the site proposed for building coverage, and landscaping coverage

n. Existing and proposed type and location of exterior light standards and fixtures

o. Location and dimension of signage

p. Motor vehicle and bicycle parking areas including design, number of spaces,
driving lanes, and loading areas

q. Drainage features including proposed storm water runoff facilities and sewer and
water facilities and connections

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 r. Timeline indicating anticipated construction start and completion dates. The
Planning Board may require a re-submission of the site plan if there is significant
deviation from this timeline as determined by the Planning Board

s. Any additional requirements of the plan review as required by the Planning Board

t. Site photographs of existing conditions

u. All applicable filing fees

v. Environmental Review: All level 2 submissions shall be accompanied by a short

or full EAF, or a draft EIS, as required by Article 8 of the New York State
Environmental Conservation and implementing regulations at 6 N.Y.C.R.R. Part
617, and section 1326 of this Zoning Ordinance.

C. Level 2 Procedures

1. Referral of Complete Application.

Upon receipt of a properly completed application as described herein, the Director of Planning or
his designee shall determine whether or not the proposed use conforms to the requirements of
this chapter. If such use conforms to the Zoning Ordinance, the Director of Planning or his
designee shall refer copies of the application as follows:

a. To the Planning Board and other appropriate City, county and state officials,
departments and agencies for their review and comment at least fifteen (15) days
prior to the next regularly scheduled meeting of the Planning Board.

b. Where applicable, the Director of Planning or his designee shall refer the site plan
application and SEQRA documentation to the Niagara County Department of
Planning in accordance with section 239-m of the General Municipal Law and to
any involved agencies as may be appropriate under SEQRA and other applicable
local, state or federal law.

c. The Director of Planning or his designee shall, where possible, submit any and all
agency comments and recommendations to the Planning Board and the applicant
at least five (5) days in advance of the Planning Board meeting or hearing at
which it will be considered.

2. Public Hearing

The Planning Board may, in its sole discretion, determine that a Public Hearing for any Site Plan
Review is necessary and appropriate to meet the purposes and intent of this Zoning Ordinance
provided, however, that a public hearing shall be mandatory whenever a commercial site plan
development abuts a residential zoning district. When utilized, public hearings shall be held
within sixty-two days of the official submission date of the application, and public notice shall be
given within at least ten days prior to the date of such hearing by publication in the official City
newspaper.

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3. Notice to Adjacent Property Owners.

At least ten days prior to any public hearing on a site plan application, the Planning Board shall
serve or cause to be served via regular US mail written notice of the nature of the site plan
application and the time and place of such hearing to, at a minimum, all owners of property
adjacent to or abutting the project site.

4. Planning Board Review and Decision

Within 62 days of the date of the close of the public hearing, or where a public hearing is not
held on the application, within 62 days of tabling action by the Planning Board site plan
application, the Planning Board shall act to approve, disapprove or approve with modifications
the proposed site plan application, unless such time limit has been extended by mutual agreement
between the Planning Board and the applicant.

5. SEQRA Compliance.

The Planning Board shall comply with all applicable provisions of the State Environmental
Quality Review Act and Chapter 1326 of this Zoning Ordinance before rendering a final
determination on any variance or Special Permit applications.

D. Standards for site development plan approval:

The Planning Board shall not approve a site plan unless it shall find that such plan conforms to
the requirements of this chapter as well as to other applicable laws and regulations and is
properly supportive to the policies and recommendations of the City’s Comprehensive Plan. In
reviewing the site plan, the Planning Board shall also take into consideration the public health,
safety and general welfare and shall set appropriate conditions and safeguards which are in
harmony with the general purpose and intent of this Ordinance, particularly in regard to
achieving the following standards:

1. Traffic access

The number, location and design of all proposed driveways, in terms of their width,
length, grade, alignment, visibility and relationship to the street system and neighboring
properties and land uses, shall be such that maximum safety and function will be achieved.

2. Traffic

The effect of the proposed development on traffic conditions on existing streets.

3. Pedestrian circulation

An adequate and safe pedestrian circulation system shall be provided to permit safe
access to uses on the site from the street and from all parking areas, including
consideration of the location, arrangement and adequacy of facilities for the physically
handicapped, such as ramps, depressed curbs and reserved parking spaces.

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4. Landscaping and buffering

All parking, loading and service areas shall be screened in a reasonable manner at all
seasons of the year from the view of adjacent residential lots and streets. The general
landscaping of the site shall be designed in an attractive manner and, wherever possible,
desirable natural features existing on the site shall be protected and retained.

5. Lighting

Outdoor lighting shall be provided on the site to assure the safe movement of vehicles
and persons and for security purposes. Such lighting shall be properly designed and
shielded so as to avoid glare, prevent visibility of the source of the light from areas off
site and other undesirable impacts on neighboring properties and streets.

6. Protection of natural and cultural resources

The Planning Board shall endeavor to adequately protect any resources of local, state
and/or national significance.

7. Drainage

The proposed storm water drainage system shall be adequate to properly drain the site,
maximize groundwater recharge, prevent downstream flooding and prevent the
degradation of water quality.

8. Water and sewage

The proposed systems for water supply and sewage disposal shall be adequate to serve
the needs of all proposed uses on the site without adversely impacting off-site facilities,
neighboring properties or uses.

9. Solid waste

Adequate provisions shall be made for the storage, collection, recycling and disposal of
solid waste. Such facilities shall not be permitted to adversely affect neighboring
properties or public facilities.

10. Building design

The height, location and size of the proposed buildings shall be in conformity with the
requirements of this zoning ordinance. All such buildings, utilities and other structures
shall harmoniously relate to each other, the site and neighboring properties.

11. Signage

All proposed signs, including on-site directional signs and building signs, shall meet the
requirements of the Niagara Falls Sign Ordinance and shall be in harmony with the

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 design of the site and buildings and with neighboring properties.

12. Other public needs

The Planning Board shall assure that other public needs, including but not limited to the
provision of recreational facilities and open space, as well as other needed services, are
adequately and properly met.

13. Services and public utilities.

Adequate services and public utilities will be available prior to occupancy.

E. Recommendations of City Departments

The Planning Board shall consider the recommendation of appropriate City Departments
as to whether the proposed site plan will conform to the intent and requirements of this
Zoning Ordinance and may utilize the expertise of designated consultants for additional
review.

1324.5 Reimbursable Costs

Reasonable costs incurred by the Planning Board for consultation fees or other extraordinary
expenses in connection with the review of a level 2 site plan shall be charged to the applicant.
Such reimbursable costs shall be in addition to application fees

1324.6 Building Permit

No building permit may be issued for any building within the purview of this section until the
original or amended Site Plan is approved by the Planning Board or its designee as authorized
herein and all conditions satisfied in accordance with the requirements of 1301.10(F) of this
Zoning Ordinance.

1324.7 Performance Bond, Other Security

No certificate of occupancy shall be issued until all improvements shown on an approved site
plan are installed including, but not limited to, parking areas, landscaping, fencing and exterior
lighting, and all related conditions imposed by the Planning Board are met, or a sufficient
performance guarantee has been posted in accordance with Section 1301.10 of this Zoning
Ordinance. The applicant shall provide evidence that all site work has been completed
satisfactorily in order to seek reimbursement for the work covered by the performance guarantee.

1324.8 Enforcement and Inspection of Improvements

Development projects may be periodically reviewed for conformance to the approved site plan,
including such required site improvements as landscaping, signage, vehicular circulation,
conditions of approval etc. If there is nonconformance, or if any conditions of the site plan

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review approval are not fulfilled; current owners of the development shall be notified, in writing,
and given the opportunity to correct the situation in accordance with Section 1301.10 of this
Zoning Ordinance.

1324.9 As-Built Survey

Upon completion of site improvements pursuant to an approved site plan, the applicant shall
provide proof thereof and may be required to submit to the Director of Planning or his designee
an as-built plan prepared and certified by a licensed engineer, architect or surveyor showing the
location of all site improvements as constructed. The Director of Planning or his designee shall
then issue or cause to be issued a Site Plan Compliance Letter certifying that all improvements
and conditions have been satisfactorily completed.

1324.10 Integration of Procedures

The Planning Board shall, to the extent practicable and lawful, coordinate the site plan review
procedures herein with other applicable approval procedures arising under this Zoning Ordinance
or other City, state or federal law including, without limitation, the State Environmental Quality
Review Act. Such coordination may require, upon mutual written consent of the Planning Board
and the applicant, reasonable modification of the time schedules otherwise stated in this chapter
or in said regulations or requirements.

1324.11 Expiration of Approval

Site Plan approval shall expire or become void in the event that:

A. Unless otherwise extended or reduced by the Planning Board, applicants fail to obtain a
permit and a certificate of occupancy and/or construction is not substantially complete in
connection with any approval within eighteen (18) months from the date of approval.

B. Construction elements are not consistent with approved site plan elements.

A request to extend a site plan approval duly obtained shall be made in writing to the Planning
Board prior to its expiration. The Planning Board may extend all time limits for good cause
shown, if it deems such extension warranted. However, the Planning Board shall not extend a
site plan approval for more than three years from the date of its original approval.

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Amended 10/4/10
 1325 PARKING AND LOADING

1325.1 Intent

It is the intent of this subpart to:

A. Ensure there are adequate parking and loading facilities to serve the use or uses of the
property;

B. Ensure that any parking facility is so designed to provide proper circulation, reduce
hazards to pedestrians, and protect the users of adjoining properties from nuisance caused
by the noise, fumes, and glare of headlights which may result from the operation of
vehicles parking off the street, and

C. Reduce congestion in the streets and contribute to traffic safety.

1325.2 Parking and Loading Provisions

No structure shall be erected, altered or established unless or until the provisions of this subpart
pertaining to parking and loading have been met.

1325.3 Existing Structures

Any structure or land use lawfully in existence prior to the adoption of this ordinance shall not be
subject to the requirements of this subpart so long as the kind or extent of use is not changed.

1325.4 Change or Expansion of Use

Whenever there is an alteration or conversion of a structure or a change or expansion of a use

which increases the parking requirements, the total additional parking requirements for the
alteration, conversion, change, or expansion shall be provided in accordance with the
requirements of this subpart, except as provided below. A variance may be requested in
accordance with Section 1325.12 below.

1325.5 Neighborhood and Traditional Commercial Districts Existing Commercial

Structure Exemption

Any nonresidential use in any Neighborhood or Traditional Commercial District proposed for an
existing structure where ten (10) spaces or less, would be required for the proposed use, is
exempt from providing those spaces.

1325.6 Parking Districts

For purposes of this subpart, the following zoning districts are grouped into the following
categories (refer to 1325.7):

124 Amended 12/13/10

A. Suburban: All other districts not specifically identified as Urban or Downtown

B. Urban: R1-D, R2-A, R2-B, R3-B, R3-C, C1-A, C1-B, C2-A, C2-B

C. Downtown: D1, D2, D3, R4

1325.7 Minimum Off-Street Parking Requirements

Parking shall be provided in accordance with the following table (refer to 1325.6 for geographic
areas). Where no requirement is designated and the use is not comparable to any of the listed
uses, parking shall be based upon the capacity of the facility and its associated uses. When the
calculation yields a fraction, the number of spaces shall be rounded to the nearest whole number.

Parking Requirements Suburban Urban Downtown

Residential Categories

Single Detached Dwelling 2 per dwelling unit 1 per dwelling unit N/A

Duplex/Semi 1 per dwelling unit 1 per dwelling unit N/A

Multi-dwelling structure 1 per dwelling unit 0.75 per dwelling unit N/A
(3+ units)

Accessory Dwelling Unit 1 per dwelling unit 1 per dwelling unit N/A

Group Living 1 per 4 residents 1 per 4 residents N/A

Commercial Categories

Retail, personal service, 3.3 per 1,000 sq. ft. N/A N/A
repair oriented

Restaurants and bars 5 per 1,000 sq. ft. N/A N/A

Funeral Home 5 per 1,000 sq. ft. 2 per 1,000 sq. ft. N/A

Health clubs, gyms, 3.3 per 1,000 sq. ft. N/A N/A
bowling alleys and similar

Hotel/Motel 1 per rentable room 0.75 per rentable room 0.5 per rentable room

Bed and Breakfast 1 per rentable room 0.5 per rentable room 0.5 per rentable room

Theaters 1 per 4 seats 1 per 4 seats N/A

Office 2 per 1,000 sq. ft. N/A N/A

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Parking Requirements Suburban Urban Downtown

Motor Vehicle Repair, 5 per 1,000 sq. ft. 2 per 1,000 sq. ft. N/A
Minor

Motor Vehicle Repair, 2 per 1,000 sq. ft. 1.5 per 1,000 sq. ft. N/A
Major

Motor Vehicle Sales and 3.3 per 1,000 sq. ft. 3.3 per 1,000 sq. ft. N/A
Leasing

Self-service Storage 1 per 1,000 sq. ft. 1 per 1,000 sq. ft. N/A

Commercial Outdoor 20 per acre of site 20 per acre of site N/A

Recreation

Industrial Categories

Light Manufacturing 1.3 per 1,000 sq. ft. 1 per 1,000 sq. ft. N/A

Heavy Manufacturing 1.3 per 1,000 sq. ft. 1 per 1,000 sq. ft. N/A

Warehouse 0.5 per 1,000 sq. ft. 0.35 per 1,000 sq. ft. N/A

Wholesale Establishment 1.3 per 1,000 sq. ft. 1 per 1,000 sq. ft. N/A

Waste-related Per PB review Per PB review Per Planning Board

review

Institutional Categories

Community Center and 2 per 1,000 sq. ft. 0.3 per 1,000 sq. ft. N/A
Services

Parks and Open Areas Per PB review Per PB review Per Planning Board
review

School – Grade 1 per classroom 1 per classroom N/A

Elementary, Middle,
Junior High

School – High 7 per classroom 7 per classroom N/A

Colleges 1.3 per 1,000 sq. ft. 1.3 per 1,000 sq. ft. N/A
exclusive of dormitories, exclusive of
plus 1 per 4 dorm rooms dormitories, plus 1 per
4 dorm rooms

Hospital 2 per patient bed 2 per patient bed 2 per patient bed

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Parking Requirements Suburban Urban Downtown

Religious Facilities 1 per 4 seats 1 per 4 seats N/A

Daycare 1 per 2 employees 1 per 2 employees N/A

1325.8 Maximum Allowable Number of Spaces (Does Not Apply to D1 Districts)

A. The number of spaces provided by any particular use in ground surface lots shall not
exceed the required number of spaces provided by this ordinance by more than 25%.

B. Where the minimum number of required spaces is “none” the maximum number of
parking spaces permitted shall not exceed the minimum of Suburban districts.

C. Spaces provided within the building footprint of structures, such as provided in multi-
level parking above or below ground level, shall not count towards the maximum number
of allowable spaces.

1325.9 Parking Dimensional Requirements

The standards recommended shall be incorporated whenever feasible to ensure adequate and
convenient access and circulation. These standards should be adhered to except in situations
where a lesser standard is deemed necessary due to site topography, location of existing or
proposed structures, lot configuration, and/or the need to preserve existing trees and mature
vegetation.

Minimum Dimensional Requirements

Regular Compact

Parking space width 9' 8'

Parking space length, angled 18’ 16’

Parking space length parallel 22’ 20’

Aisle width (one-way) 10’ 9’

Aisle width (two-way) 20’ 18’

NOTE: The front two (2) feet of any parking space located adjacent to a required or proposed
setback may extend into that setback, thereby reducing the required parking space length
accordingly.

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 1325.10 Limitations, Location, Use of Facilities

A. Location of Required Parking Facilities

Except for single and two-family dwellings, required parking facilities may be located on another
parcel of land, provided said parcel is within 500 feet of the use it is intended to serve and
connected via a convenient pedestrian route. The distance from the parking lot to the use shall be
measured in walking distance from the nearest parking space to an access to the building housing
the use, along a sidewalk or other pedestrian path separated from street traffic. The right to use
the off-site parking must be evidenced by a deed, lease, easement, or similar written instrument
establishing such use, for the duration of the use.

B. Neighborhood Commercial and Traditional Commercial Districts

Surface level parking is prohibited in the front yard. Where surface level parking is located
adjacent to a side or rear yard it shall be hidden by plantings and/or low masonry walls which
shall not exceed a six-foot height. Refer to 1319.2 and 1322.7 for specific requirements.

C. Residential Districts

Required parking in all residential districts shall not be located in a required front yard setback
area abutting a public street, except alleys. This prohibition extends from the edge of the street
improvement to the required yard area with the exception of access drives to the site eighteen
feet (18’) or less in width. Commercial vehicles shall not be permitted to park on any open space
within a Residential District.

D. Joint Use of Facilities

Required parking facilities of two (2) or more uses, structures, or parcels of land may be satisfied
by the same parking facilities used jointly, to the extent that it can be shown by the owners or
operators that the need for the facilities does not materially overlap and provided that such right
of joint use is evidenced by a deed, lease, contract, reciprocal easement, or similar written
instrument establishing the joint use. The Planning Board may approve a reduced number of
parking areas to not less than 50 percent of the sum of the spaces required under existing
regulations for individual uses subject to the following requirements:

1. The applicants shall demonstrate that there is no substantial conflict in the operating
hours of the two establishments for which joint parking facilities are proposed.

2. If a use is enlarged or changed, the Planning Board shall have the discretion to require
full compliance for each separate use upon finding that conditions justifying joint use no
longer apply.

E. Availability of Facilities

Required parking shall be available for parking of operable passenger vehicles of residents,
customers and employees only, and shall not be used for the storage or display of vehicles or

128
materials. The distribution of parking spaces for any and all individual uses will be required to be
arranged on site to ensure optimal access and use by the patrons of such use.

F. Compact Car Parking

Compact parking spaces may be used in parking structures or lots. Up to thirty (30%) percent of
the total parking spaces in a parking garage may be designated for compact cars. Such spaces
shall be signed or the space painted with the words “Compact Car Only”.

1325.11 Parking for Disabled Persons

Parking spaces for disabled persons shall comply with the current Building code as well as the
Americans with Disabilities Act guidelines.

1325.12 Variance

The total number of parking spaces required by this part may be reduced upon approval of the
Board of Appeals to the extent that the applicant can demonstrate that the regulation is
unnecessarily stringent. The applicant shall submit a Parking Demand Study. A Parking
Demand Study shall include, but not be limited to, information specifying the number of
employees, customers, visitors, clients, shifts, deliveries, parking spaces (or other criteria
established by the Planning Department) and shall develop a parking management strategy based
on:

A. Time of day parking, demand by use

B. Shared or dual use

C. Availability of regular public transit service within a distance of 500 feet

D. Participation in a Transportation Management Association or adoption of a traffic and

parking management plan for one or more uses, including methods to increase the use of
mass transit, car pool, van pool, or non-auto modes of travel

E. Anticipated reduction in vehicle ownership in connection with affordable housing

developments, and/or,

F. The means by which the parking management strategy will be enforceable over the long
term, such as a contract, easement, or other means, and whether the City should be a
party to the management contract or easement.

1325.13 Loading

Purpose: a minimum number of loading spaces are required to ensure adequate areas for loading
for larger uses and developments. These regulations ensure that access to and from loading
facilities will not have an adverse effect on traffic safety and transportation functions of the
street.

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 LOADING SPACES REQUIRED

Residential building less than 50 dwelling units 0

Residential building 50 dwelling units or 1

greater

Commercial building greater than 50,000 sq ft 1

Industrial building greater than 50,000 sq ft 1

A. Design of loading spaces and areas:

1. Required loading spaces must be at least thirty-five feet (35’) long, ten feet (10’) wide,
and have a clearance of thirteen feet (13’)

2. No loading spaces are allowed in front yards

3. Areas used for off-street loading shall be paved and drained to the city sewer system.
There shall be no storm water runoff onto adjacent properties, public streets or right-of-
ways.

4. Lighting shall be arranged and designed so that no source of light is directed toward any
lots zoned for residential use. Lighting shall be designed to shield public streets and all
other adjacent lots from distracting glare or hazardous interference of any kind.

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131
 1326 ENVIRONMENTAL QUALITY REVIEW

1326.1 Title, Authority, Purpose and Intent.

A. This section is enacted pursuant to Article 8 of the New York Environmental

Conservation Law and 6 NYCRR Part 617, State Environmental Quality Review
(SEQRA) regulations.

B. The basic purpose of this section is to incorporate consideration of environmental factors

into the existing decision-making processes of City government at the earliest possible
time. It is the intent of this section that all agencies of City government conduct their
affairs with an awareness that they are stewards of the air, water, land and living
resources and that they have an obligation to protect the environment for the use and
enjoyment of this and all future generations. No decision to carry out, approve or fund
any action subject to review pursuant to this section shall be made by any unit of City
government until there has been full compliance with all applicable requirements of this
section.

C. It is the intent of this section to supplement and not to replace or supersede 6 NYCRR
Part 617.

1326.2 Definitions.

A. As used in this section, the following terms shall have the meanings indicated:

AGENCY -- A state or local governmental unit, including but not limited to City Council,
departments, bureaus, offices, commissions, boards and officers.

CITY -- The City of Niagara Falls.

ENVIRONMENTAL ASSESSMENT FORM -- An Environmental Assessment Form or "EAF"

is a form used by the lead agency to assist it in determining the environmental significance or
non-significance of actions. A properly completed EAF must contain sufficient information to
describe the proposed action, its location, its purpose and its potential impacts on the
environment. The lead agency will consider the EAF along with other relevant information in
reaching a determination of whether or not the proposed action may significantly affect the
environment. A determination that the proposed action may significantly affect the environment
will require preparation of an Environmental Impact Statement or "EIS".

ENVIRONMENTAL IMPACT STATEMENT -- Environmental Impact Statement or "EIS"

means a written "draft" or "final" document prepared in accordance with 6 N.Y.C.R.R. §§ 617.9
and 617.10. An EIS provides a means for agencies, project sponsors and the public to
systematically consider significant adverse environmental impacts, alternatives and mitigation.
An EIS facilitates the weighing of social, economic and environmental factors early in the
planning and decision-making process. A draft EIS is the initial statement prepared by either the
project sponsor or the lead agency and circulated for review and comment. An EIS may also be a

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"generic" in accordance with 6 N.Y.C.R.R. § 617.10, a "supplemental" in accordance with 6
N.Y.C.R.R. § 617.9(a)(7) or a "federal" document in accordance with 6 N.Y.C.R.R. § 617.15.

INTERESTED AGENCY -- Interested agency means an agency that lacks the jurisdiction to
fund, approve or directly undertake an action but wishes to participate in the review process
because of its specific expertise or concern about the proposed action. An "interested agency"
has the same ability to participate in the review process as a member of the public.

INVOLVED AGENCY-- Involved agency means an agency that has jurisdiction by law to fund,
approve or directly undertake an action. If an agency will ultimately make a discretionary
decision to fund, approve or undertake an action, then it is an "involved agency",
notwithstanding that it has not received an application for funding or approval at the time the
SEQRA process is commenced. The lead agency is also an "involved agency".

LEAD AGENCY -- Lead agency means an involved agency principally responsible for
undertaking, funding or approving an action, and therefore responsible for determining whether
an environmental impact statement is required in connection with the action, and for the
preparation and filing of the statement if one is required.

NEIGHBORHOOD CHARACTER -- The physical elements and attributes of the area within an
action's potential area of environmental impact, including land use, streetscape characteristics,
design and scale of existing structures, natural features, existing pattern of population
concentrations and intensity of land development.

TYPE I ACTION -- A type I action means an action or class of actions identified in 6

N.Y.C.R.R. § 617.4 or in § 1326.4. The Type I list is not exhaustive of those actions that an
agency determines may have a significant adverse impact on the environment and require the
preparation of an EIS. However, the fact that an action or project has been listed as a Type I
action carries with it the presumption that it is likely to have a significant adverse impact on the
environment and may require an EIS. For all individual actions which are Type I or Unlisted,
the determination of significance must be made by comparing the impacts which may be
reasonably expected to result from the proposed action with the criteria listed in 6 N.Y.C.R.R. §
617.7(c).

TYPE II Action-- A Type II action means an action or class of actions identified in 6 N.Y.C.R.R.
§ 617.5 or in § 1326.5 of this Zoning Ordinance. Type II Actions listed hereunder have been
determined not to have a significant impact on the environment are not subject to review under
this section.

UNLISTED ACTION -- Unlisted action means all actions not identified as a Type I or Type II
action in this section.

B. Any words appearing and not defined in this section, shall have the meaning found in 6
N.Y.C.R.R. 617.2.

1326.3 General Rules.

The general rules shall be those found in 6 NYCRR 617.3.

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 1326.4 Type I Actions.

Except as otherwise provided herein, the following are Type I actions:

A. All actions identified as Type I actions in 6 NYCRR 617.4.

1326.5 Type II Actions.

The following are Type II actions:

A. All actions identified as actions not requiring environmental review in 6 N.Y.C.R.R.

§617.5.

1326.6 Initial Review of Actions and Establishing Lead Agency.

Procedures for the initial review of actions shall be as set forth in 6 N.Y.C.R.R. § 617.6(a) and
for establishing lead agency as set forth in 6 N.Y.C.R.R. § 617.6(b).

1326.7 Referrals.

A. For all proposed actions requiring a referral to the Niagara County Planning Department
under General Municipal Law § 239-m, such referrals shall include a copy of Part 1 of
the environmental assessment form (EAF) for such action.

1326.8 Determining Significance.

Procedures and criteria for determining significance shall be as set forth in 6 N.Y.C.R.R. § 617.7.

1326.9 Scoping.

The scoping process shall be as set forth in 6 N.Y.C.R.R. § 617.8.

1326.10 Preparation and Content of Environmental Impact Statements.

The procedures for preparing environmental impact statements (EIS) shall be as set forth in 6
NYCRR 617.9(a). The content of EISs shall be as set forth in 6 N.Y.C.R.R. § 617.9(b).

1326.11 Draft Environmental Impact Statement Public Hearing.

A. Following receipt of an acceptable draft EIS, the lead agency shall schedule a public
hearing on the draft EIS.

1. A notice of hearing shall be prepared by the lead agency in the manner prescribed in 6
N.Y.C.R.R. § 617.9.

2. The hearing shall commence not less than 15 calendar days nor more than 60 calendar
days after the filing of the completed draft EIS, except as the lead agency may otherwise
provide where it determines that additional time is necessary for public or other agency
review of the draft EIS or where a different hearing date is required as appropriate under

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 applicable law or where a different hearing date will reasonably permit consolidation
with another hearing otherwise required concerning the action.

3. A transcript shall be made of any public hearing, and anyone wishing to obtain a copy of
the transcript may do so, provided that the City is reimbursed for the cost of copying the
transcript.

1326.12 Generic Environmental Impact Statements.

The description, purpose and procedures for generic EIS's shall be as set forth in 6 N.Y.C.R.R. §
617.10.

1326.13 Decision-Making and Findings Requirements.

Decision-making and findings requirements shall be as set forth in 6 N.Y.C.R.R. § 617.11.

1326.14 Document Preparation, Filing, Publication and Distribution.

Document preparation, filing, publications and distribution requirements shall be as set forth in 6
N.Y.C.R.R. § 617.12.

1326.15 Fees and Costs.

Fees and costs for the preparation and review of draft and final EISs shall be as set forth in 6
N.Y.C.R.R. § 617.13.

1326.16 Actions Involving A Federal Agency.

Action involving a federal agency shall be treated as set forth in 6 N.Y.C.R.R. § 617.15.

1326.17 Confidentiality.

Requests concerning confidential information shall be treated as set forth in 6 N.Y.C.R.R. §

617.16.

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 1326.18 Prior Review.

A. The agency considering an action shall determine whether the action has been previously
reviewed pursuant to this section; been previously reviewed by an agency pursuant to
Article 8 of the New York State Environmental Conservation Law; or been previously
reviewed as part of a more comprehensive action pursuant to this section or said Article
8.

B. If an action is determined to have been previously reviewed, no further review of said

action pursuant to this section may be necessary, provided that there have been no
substantial changes in the action, the environmental factors which were previously
assessed or the fundamental assumptions, e.g., location, use, density, traffic circulation
and supporting infrastructure for the project since its previous review, and the agency
considering the action was involved in the prior review process.

C. Use of a prior environmental impact statement shall not relieve an agency of the
requirements set forth in 6 N.Y.C.R.R. § 617.11.

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137
 1327 NON-CONFORMING USES, BUILDINGS AND LOTS

1327.1 Non-Conformance Definitions

NON-CONFORMING STRUCTURE: A structure lawfully existing on the effective date of this

Zoning Ordinance or an amendment thereto affecting such structure, which does not conform to
the applicable requirements prescribed in this Zoning Ordinance, as amended, irrespective of the
use to which the structure is put.

NON-CONFORMING USE: Any use of a building, structure, lot or land, or part thereof,
lawfully existing on the effective date of this Zoning Ordinance or any amendment thereto,
affecting such use, which does not conform to the applicable regulations prescribed in this
ordinance.

1327.2 General Provisions

The following provisions shall apply to all non-conforming uses and non-conforming structures.
Nothing herein shall be deemed to relieve the applicant from compliance with other applicable
provisions of this Zoning Ordinance. Except as provided hereinafter, non-conforming uses and
non-conforming structures may be continued indefinitely, regardless of change of title,
possession, or occupancy or right thereof, provided that such structures or uses:

A. Shall not be, except as provided elsewhere in this section, enlarged, altered, extended,
reconstructed, or restored or placed on a different portion of the lot or parcel of land
occupied by such use on the effective date of this Zoning Ordinance or of any applicable
amendment thereof, nor shall any external evidence of such non-conforming use or
structure be increased by any means whatsoever.

B. Shall not be moved to another location where such use would be non-conforming.

C. Shall not be changed to another non-conforming use without a Special Permit approval
by the Board of Appeals in accordance with §1302.2 of this Zoning Ordinance. No
Special Permit for such change in non-conforming use shall be issued unless the Board of
Appeals determines that:

(1) the applicant has demonstrated that the existing non-conforming use cannot
reasonably be changed to a use permitted in the district where the non-conforming use is
located; and

(2) the proposed new non-conforming use is no more objectionable than the existing
non-conforming use. The determination of whether the new non-conforming use is more
objectionable shall be based upon comparison of each use as to conformance with the
purposes and intent of the City's Comprehensive Plan and the impact of the proposed new
use on surrounding properties and neighborhood character including, but not limited to,
factors such as intensity of use, pedestrian and vehicular activities, visual impact, noise,
smoke, dust, noxious matter, heat, glare, vibration, storage and waste disposal, hours of

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 activity, and numbers of individuals living at, frequenting or employed at the site in
question.

D. No non-conforming structure or use changed to a less objectionable non-conforming use

or structure shall be changed back to a more objectionable use or structure.

E. Shall not be continued, re-established, or changed to another non-conforming use if such

use has been discontinued for any reason for a period of one year. Intent to resume a non-
conforming use shall not confer the right to do so.

F. Shall not be re-established if such use has been changed to, or replaced by, a conforming
use.

G. Shall not be restored except in conformity with the requirements of this Zoning
Ordinance where such non-conforming use or structure is damaged for any reason, to the
extent of more than fifty percent (50%) of its fair market value. If the restoration of a use
or structure whose damage does not exceed fifty percent (50%) of its fair market value is
not completed within one (1) year from the date of damage, the non-conforming use or
structure shall be deemed to have been discontinued and may not be resumed or restored.
In no event shall such restoration cause the bulk, height or area of the non-conforming
use or structure to be in excess of that which existed prior to the damage, and all such
restoration work must fully comply with all applicable requirements of the Uniform
Code.

1327.3 Repairs, Maintenance and Additions

A. Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed
to prevent normal maintenance and repair of any building, or the carrying out upon the
issuance of a building permit of major structural alterations or demolitions necessary in
the interest of public safety.

B. Upon a finding by the Board of Appeals that a proposed addition to a non-conforming

structure and/or non-conforming use would (1) render such structure or use less
objectionable to surrounding land uses within the meaning of § 1327.7(C)(2) of this
Zoning Ordinance; and (2) not exceed a 50% expansion of the gross floor area of the
structure or use at the time such structure or use became legally non-conforming, said
board may issue a Special Permit for such addition in accordance with §1302.2 of this
Zoning Ordinance. ..

1327.4 Non-Conforming Structures

Except as otherwise provide herein, no structure which is non-conforming may be reconstructed,

enlarged or altered in such a manner as to increase such nonconformity.

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 1327.5 Use of Non-Conforming Lots

These regulations shall not prohibit the location of a conforming use or structure on, any lot of
which the area or width does not meet the minimum of the zoning district in which it is located,
provided:

A. The lot was of legal size on the date it was created as a lot.

B. The lot was owned separately and distinctly from any other adjoining lot having a
common boundary line as evidenced by a deed recorded in the County Clerk's Office on
or before the effective date of this Zoning Ordinance or any applicable amendment
thereto and has been continuously thereafter owned as a separate distinct lot from any
other adjoining lot.

C. All yard, coverage, and other zoning requirements can be met however, in those instances
where the lot area or shape prevent conformance with one or more yard requirements, the
requirements for that yard shall be the same as the most restrictive district to which the
lot area most nearly conforms.

D. The owner thereof owns no adjoining land which would bring the lot into conformity.

1327.6 Non-Conforming Lots Must Be Adjoined

If two (2) or more lots or combinations of lots or portions of lots with continuous frontage in
single ownership are of record at the time of passage or amendment of this Zoning Ordinance,
and if all or part of the lots do not meet the requirements established for width and area, the lands
involved shall be considered one or more undivided parcels to the extent required for
conformance with the width and area requirements of this Zoning Ordinance, and must be used
as such irrespective of subsequent changes in ownership. The provisions of this Section shall not
apply if any portion of said parcel shall, after the adoption of this Zoning Ordinance or
applicable amendment, be used or divided in a manner which prevents or diminishes compliance
with the requirements established by this Zoning Ordinance or amendment thereto.

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 1328 SPECIAL PERMIT REQUIREMENTS

1328.1 Parking, Commercial

For parking (commercial) uses which require a Special Permit, the following conditions shall be
required. All surface parking areas shall:
A. be paved and drained to the City sewer system
B. have a minimum 10% of the total parking area landscaped
C. have a minimum of 1 tree for each seven parking spaces
D. be screened along all street frontages with any combination of shrubs, masonry and/or
ornamental metal fencing (e.g., wrought iron) of at least four feet in height and no more
than six feet in height. Chain link fencing is prohibited.
E. parking areas shall be setback from the property line a minimum 5’
F. have no lighting standards exceeding a maximum of 25 feet in height.
G. comply with all other relevant design standards in 1319.2 f). In a case of conflict, the
requirements of 1328.1 shall prevail.

1328.2 Motor Vehicle Service and Repair – Minor or Major

For motor vehicle service and repair (minor or major) uses which require a Special Permit, the
following conditions shall be required:
A. No traffic hazard affecting the public safety will be present.
B. Entrance and exit driveways shall not be located nearer than 10 feet to any lot line; and
shall be so laid out as to avoid the necessity of any vehicle backing into any public right-
of-way.
C. Vehicle lifts or pits, dismantled automobiles, all parts or supplies, goods, equipment,
materials, refuse, garbage, or debris shall be located within a building enclosed on all
sides.
D. All service or repair of motor vehicle shall be conducted in a building enclosed on all
sides.
E. Gasoline or flammable oils in bulk shall be stored fully underground in conformance with
the Fire Prevention Code.
F. Gasoline pumps or lubricating or other devices shall be located not nearer than twenty
feet (20’) from any street or other lot line.
G. Collision work, bodywork and painting shall not be done on the premises.
H. Wrecked vehicles shall not be stored on the premises for more than one (1) working day.
I. No dwellings shall be permitted on the same site.

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 1328.3 Tourism and Sightseeing-Oriented

For tourism and sightseeing oriented uses which require a Special Permit, the following
conditions shall be required:
A. The sightseeing operation, tour sales and related services shall be allowed only as an
accessory use upon premises and as such shall not be the primary use of the building
and/or grounds. An accessory use shall be a minority percentage of the total floor area,
within which it is situated, evidence thereof shall be required.
B. Signage shall be limited to one (1) wall sign per frontage and shall be located upon
building frontage facing public streets and such sign shall not exceed twelve (12) square
feet in total copy area.
C. There shall not be more than one (1) freestanding sign per premises.
D. Freestanding signs shall not exceed twelve (12) square feet per face, two-face maximum.
E. Sightseeing agency advertising signage shall otherwise comply with Chapters 1121 and
375 of the Codified Ordinances of the City of Niagara Falls.

1328.4 Group Living

Group living uses require a special permit. The following conditions shall be required:
1328.4.1 Boarding/Rooming Houses

A. A sketch showing the floor plan of the home together with the location and dimensions of
the proposed rooms will be provided to the Zoning Board of Appeals. A site plan
delineating the location of the residence on the tax parcel, minimum setback distances,
proposed parking areas, proposed screening, and any other information applicable will be
provided to the Planning Board. Applicant must also establish:
1. A litter control program must include at least two trash receptacles on site for
customer use, located next to walkways. At a minimum, the program must also
address daily on-site litter pickup.
2. A loitering control statement that indicates how the applicant will control crowds
and mitigate loitering.
3. Information addressing the concentration of rooming houses, as indicated by the
location of other rooming houses and similar uses within a one thousand (1,000) feet
radius of the proposed use. No rooming house or similar use shall be within a one
thousand (1,000) feet radius of the proposed use.
B. In a residential district (R1 Detached Single, R2 Doubles, R3 Multi-Family and R4
Heritage), a boarding/rooming house must be owner-occupied and owner managed. An
owner occupant is an individual who owns at least one-half interest in the real estate on
which the boarding/rooming house is located.

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C. Sanitary Facilities: a boarding/rooming house must include a toilet, washbasin, and bath
or shower at a rate of one sanitary facility for every five (5) occupants of the
boarding/rooming house.
D. There shall be one staff person on shift for twenty-four (24) hours a day. The person on
duty must be able to monitor the grounds, facility and resident activities to help prevent
theft and physical harm.
E. No alteration to either the exterior or the interior of any principal or accessory structure
shall be made which changes the character and appearance of the residential premises.
F. Occupancy: A boarding/rooming house shall provide a minimum of 120 square feet per
bedroom for first roomer and 90 sq ft for each additional occupant. The building must
not contain more than 10 (ten) occupants. In residential structures, only habitable rooms
originally designed as bedrooms shall be used for lodging.
G. Each rooming house shall provide 1/2 off-street parking space per rooming unit.
H. Approval: A special use permit to operate a boarding/rooming house shall be valid for
four (4) years from the date of issuance, subject to continuing compliance with the
conditions of the special use permit and subject to continuing compliance with all
applicable New York State Code.
I. Abandonment of use: All approvals issued shall expire and terminate upon the cessation
or abandonment of the permitted use for a one-year period.
J. Termination: All approvals shall be deemed to be personal to the holder and shall
terminate upon the transfer of title or ownership of the property or change of operator,
tenant or occupant or a change of use.
K. Permit Renewal: The applicant shall renew the permit for additional four (4) year
periods, subject to site plan approval by the Planning Board, any fees applicable to the
review of the special use permit applications and approval by the Zoning Board of
Appeals. The Planning Board shall notify the Building inspector, fifteen (15) days prior
to the meeting at which the renewal is being considered, who shall provide a description,
in writing, of any changes that have occurred since the time the special use permit was
approved or last renewed and a list of violations or complaints, if applicable. The Zoning
Board of Appeals shall consider the Building Inspector’s report when rendering a
decision.
L. Enforcement: The Building Inspector shall be given access to the premises for the
purpose of making inspection as deemed necessary from time to time to ensure
compliance with these regulations and with the applicable and related New York State
Code. Any facility operated in violation of this chapter shall have its permit suspended
on the first violation and revoked for a second violation if not corrected within thirty (30)
days. No permit shall be reinstated until the owner fully complies with the provisions of
this chapter.
M. Management Contact: The applicant must provide contact information for the agent
responsible for the management of said facility. The owner’s name, date of birth,
residential address, and mailing address, together with his/her business telephone
number, home telephone number, facsimile number, and e-mail address. Or, if such

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 owner is a corporation, the name and address of such corporation, its employer
identification number and the name, date of birth, residence, business address, together
with the residence and business telephone numbers, facsimile numbers and e-mail
addresses of at least two officers of the corporation responsible for management of the
property. Or, if the owner is a limited liability company, the name, business address,
business telephone number, facsimile number and e-mail address of the limited liability
company, alongside the name, date of birth, residence, business address, residence and
business telephone numbers, facsimile number and e-mail address of the manager of the
limited liability company. Or if the owner is a partnership, the name date of birth,
address, residence and business telephone numbers, facsimile number and e-mail address
of the individual partners. The owner shall be obligated, at all times, to keep this
information updated, and when there is a change in the managing agent or other material
change.
1328.4.2 Halfway House

A. A sketch showing the floor plan of the home together with the location and dimensions of all
rooms will be provided to the Zoning Board of Appeals. A site plan delineating the location
of the residence on the tax parcel, minimum setback distances, proposed parking areas,
proposed screening, and any other information applicable will be provided to the Planning
Board. Applicant must also establish:
1) A crime prevention and crime statement that indicates how the applicant will take
proactive measures that will mitigate potential criminal activity.
2) A litter control program must include at least two trash receptacles on site for
customer use, located next to walkways. At a minimum, the program must also address
daily on-site litter pickup.
3) A loitering control program statement that indicates how the applicant will control
crowds and mitigate loitering.
4) Information addressing the concentration of said facility, as indicated by the location
of other halfway houses and similar uses within a one thousand (1,000) feet radius of the
proposed use. No halfway house or similar use shall be within a one thousand (1,000)
feet radius of the proposed use.
B. Occupancy: A halfway house shall provide a minimum of 120 square feet per bedroom for
first roomer with 90 sq ft for each additional occupant. In residential structures, only
habitable rooms originally designed as bedrooms shall be used for lodging.
C. Approval: A special use permit to operate a halfway house shall be valid for four (4) years
from the date of issuance, subject to continuing compliance with the conditions of the
special use permit and subject to continuing compliance with all applicable New York State
Code.
D. Abandonment of use: All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.
E. Termination: All approvals shall be deemed to be personal to the holder and shall
terminate upon the transfer of title or ownership of the property or change of operator,
tenant or occupant or a change of use.

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F. Permit Renewal: The applicant shall renew the permit for additional four (4) year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Zoning
Board of Appeals shall notify the Building inspector, fifteen (15) days prior to the meeting
at which the renewal is being considered, who shall provide a description, in writing, of any
changes that have occurred since the time the special use permit was approved or last
renewed and a list of violations or complaints, if applicable. The Zoning Board of Appeals
shall consider the Building Inspector’s report when rendering a decision.
G. Enforcement: The Building Inspector shall be given access to the premises for the purpose
of making inspection as deemed necessary from time to time to ensure compliance with
these regulations and with the applicable and related New York State Code. Any facility
operated in violation of this chapter shall have its permit suspended on the first violation and
revoked for a second violation if not corrected within thirty (30) days. No permit shall be
reinstated until the owner fully complies with the provisions of this chapter.
H. Management Contact: The applicant must provide contact information for the agent
responsible for the management of said facility. The management agent must provide their
name, date of birth, residential address, and mailing address, together with his/her business
telephone number, home telephone number, facsimile number and e-mail address. In
addition, the sponsoring agent must provide its federal tax identification number and the
name, date of birth, residence, business address, together with the residence and business
telephone numbers, facsimile numbers and e-mail addresses of at least two corporate
officers or members of its Board of Directors. The applicant shall be obligated, at all times,
to keep this information updated, and when there is a change in the managing agent or other
material change.
1328.4.3 Homeless Residential Facilities

A. A sketch showing the floor plan of the homeless residential facility with room dimensions
will be provided to the Zoning Board of Appeals. A site plan delineating the location of the
homeless shelter on the tax parcel, minimum setback distances, proposed parking areas,
proposed screening and any other information applicable will be provided to the Planning
Board.

B. Occupancy: A homeless residential facility shall provide a minimum of 120 square feet per
bedroom per first resident with 50 sq ft for the second occupant over 12 years of age and at
least 35 sq ft for each occupant under 12 years of age. In residential structures, only
habitable rooms originally designed as bedrooms shall be used for lodging; only habitable
rooms originally designed as bedrooms shall be used for lodging.

C. All homeless residential facilities applications shall, as part of the special permit, provide
the following:

1) A crime prevention and crime statement that indicates how the applicant will take
proactive measures that will mitigate potential criminal activity.
2) A litter control program must include at least two trash receptacles on site for customer
use. At a minimum, the program must also address daily on-site litter pickup.

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 3) A loitering control program statement that indicates how the applicant will control
crowds and mitigate loitering.
4) Information addressing the concentration of homeless residential facilities, as
indicated by the location of other homeless residential facility and similar uses within a
one thousand (1,000) feet radius of the proposed use. No homeless residential facility or
similar use shall be within a one thousand (1,000) feet radius of the proposed use.
D. There shall be at least one staff person for each fifteen (15) residents on shift for twenty-four
(24) hours a day. The person on duty must be able to monitor the grounds, facility and
resident activities to help prevent theft and physical harm.

E. Approval: A special use permit to operate a homeless residential facility shall be valid for
four (4) years from the date of issuance, subject to continuing compliance with the
conditions of the special use permit and subject to continuing compliance with the New
York State Uniform Fire Prevention and Building Code.

F. Abandonment of use: All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.

G. Termination: All approvals shall be deemed to be personal to the holder and shall terminate
upon the transfer of title or owner.

H. Permit Renewal: The applicant shall renew the permit for additional four year (4) periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Zoning
Board of Appeals shall notify the Building inspector, fifteen (15) days prior to the meeting
at which the renewal is being considered, who shall provide a description, in writing, of any
changes that have occurred since the time the special use permit was approved or last
renewed and a list of violations or complaints, if applicable. The Zoning Board of Appeals
shall consider the Building Inspector’s report when rendering a decision.

I. Enforcement: The Building Inspector shall be given access to the premises for the purpose
of making inspection as deemed necessary from time to time to ensure compliance with
these regulations and with the applicable and related New York State Code. Any facility
operated in violation of this chapter shall have its permit suspended on the first violation and
revoked for a second violation if not corrected within thirty (30) days. No permit shall be
reinstated until the owner fully complies with the provisions of this chapter.

J. Management Contact: The applicant must provide contact information for the agent
responsible for the management of said facility. The management agent must provide their
name, date of birth, residential address, and mailing address, together with his/her business
telephone number, home telephone number, facsimile number and e-mail address. In
addition, the sponsoring agent must provide its federal tax identification number and the
name, date of birth, residence, business address, together with the residence and business
telephone numbers, facsimile numbers and e-mail addresses of at least two corporate
officers or members of its Board of Directors. The applicant shall be obligated, at all times,

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 to keep this information updated, and when there is a change in the managing agent or other
material change.

1328.4.4 Homeless Shelters

A. A sketch showing the floor plan of the homeless shelter with room dimensions will be
provided to the Zoning Board of Appeals. A site plan delineating the location of the
homeless shelter on the tax parcel, minimum setback distances, proposed parking areas,
proposed screening and any other information applicable will be provided to the Planning
Board.

B. Occupancy. A homeless shelter shall provide a minimum of 120 square feet per bedroom per
first resident with 50 sq ft for the second occupant over 12 years of age and at least 35 sq ft
for each occupant under 12 years of age. In residential structures, only habitable rooms
originally designed as bedrooms shall be used for lodging; only habitable rooms originally
designed as bedrooms shall be used for lodging.

C. All homeless shelter applications shall, as part of the special permit, provide the following:
1) A crime prevention and crime statement that indicates how the applicant will take
proactive measures that will mitigate potential criminal activity.
2) A litter control program must include at least two trash receptacles on site for
customer use. At a minimum, the program must also address daily on-site litter pickup.
3) A loitering control program statement that indicates how the applicant will control
crowds and mitigate loitering.
4) Information addressing the concentration of homeless shelters, as indicated by the
location of other homeless shelters and similar uses within a 1000 feet radius of the
proposed use. No homeless shelter or similar use shall be within a one thousand (1,000)
feet radius of the proposed use.
D. There shall be one staff person for each fifteen (15) residents on shift for twenty-four (24)
hours a day. The person on duty must be able to monitor the grounds, facility and resident
activities to help prevent theft and physical harm.
E. Approval. A special use permit to operate a homeless shelter shall be valid for four (4) years
from the date of issuance, subject to continuing compliance with the conditions of the special
use permit and subject to continuing compliance with the New York State Uniform Fire
Prevention and Building Code.
F. Abandonment of use. All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.
G. Termination. All approvals shall be deemed to be personal to the holder and shall terminate
upon the transfer of title or ownership of the property or change of operator, tenant or
occupant or change of use.
H. Permit Renewal. The applicant shall renew the permit for additional four (4) year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Zoning

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 Board of Appeals shall notify the Building inspector, 15 days prior to the meeting at which
the renewal is being considered, who shall provide a description, in writing, of any changes
that have occurred since the time the special use permit was approved or last renewed and a
list of violations or complaints, if applicable. The Zoning Board of Appeals shall consider
the Building Inspector’s report when rendering a decision.
I. Enforcement. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code. Any facility operated
in violation of this chapter shall have its permit suspended on the first violation and revoked
for a second violation if not corrected within thirty (30) days. No permit shall be reinstated
until the owner fully complies with the provisions of this chapter.
J. Management Contact. The applicant must provide contact information for the agent
responsible for the management of said facility. The management agent must provide their
name, date of birth, residential address, and mailing address, together with his/her business
telephone number, home telephone number, facsimile number and e-mail address. In
addition, the sponsoring agent must provide its federal tax identification number and the
name, date of birth, residence, business address, together with the residence and business
telephone numbers, facsimile numbers and e-mail addresses of at least two corporate officers
or members of its Board of Directors. The applicant shall be obligated, at all times, to keep
this information updated, and when there is a change in the managing agent or other material
change.
1328.4.5 Adult (Group) Day Care

A. No facility shall be located within one thousand (1,000) feet radius of any other existing
residential care facility regardless of municipal boundary lines.
B. Applicants shall furnish to the Zoning Board of Appeals and Planning Board all information
sufficient to describe the scope of the proposed activity, including the size of the building,
the number of clientele, the operating hours, off-street parking availability, the number of
employees and the proximity to other group adult day-care facilities in the neighborhood.
Prior to granting any special permit for such use, the Zoning Board of Appeals must find that
the activity is compatible with the character and quality of the neighborhood in which it is to
be located.
C. A floor plan of the adult group day-care center shall be submitted.
D. Approval. A special use permit to operate an Adult (group) Day Care shall be valid for four
(4) years from the date of issuance, subject to continuing compliance with the conditions of
the special use permit and subject to continuing compliance with the New York State
Uniform Fire Prevention and Building Code.
E. Abandonment of use. All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.
F. Termination. All approvals shall be deemed to be personal to the holder and shall terminate
upon the transfer of title or owner.
G. Permit Renewal. The applicant shall renew the permit for additional four (4) year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the

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 special use permit applications and approval by the Zoning Board of Appeals. The Planning
Board shall notify the Building inspector, fifteen (15) days prior to the meeting at which the
renewal is being considered, who shall provide a description, in writing, of any changes that
have occurred since the time the special use permit was approved or last renewed and a list of
violations or complaints, if applicable. The Zoning Board of Appeals shall consider the
Building Inspector’s report when rendering a decision.
H. Enforcement. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code. Any facility operated
in violation of this chapter shall have its permit suspended on the first violation and revoked
for a second violation if not corrected within thirty (30) days. No permit shall be reinstated
until the owner fully complies with the provisions of this chapter.
I. Management Contact. The applicant must provide contact information for the agent
responsible for the management of said facility. The management agent must provide their
name, date of birth, residential address, and mailing address, together with his/her business
telephone number, home telephone number, facsimile number and e-mail address. In
addition, the sponsoring agent must provide its federal tax identification number and the
name, date of birth, residence, business address, together with the residence and business
telephone numbers, facsimile numbers and e-mail addresses of at least two corporate officers
or members of its Board of Directors. The applicant shall be obligated, at all times, to keep
this information updated, and when there is a change in the managing agent or other material
change.

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 1328.4.6 Bed-and-Breakfast Establishments

A. A sketch showing the floor plan of the home together with the dimensions and locations of
the proposed guest rooms will be provided to the Zoning Board of Appeals and the Planning
Board. No alteration to either the exterior or the interior of any principal or accessory
structure shall be made which changes the character and appearance of the residential
premises.

B. The number of paying guests accommodated per night shall not exceed 10 guests, and no
guest shall stay for a period exceeding 15 days. The bed-and-breakfast shall maintain a guest
registry identifying the arrival and departure dates of guests. As a minimum, one bathroom
shall be provided for each two (2) guest rooms. In addition, a separate bathroom shall be
maintained for the owners.

C. Occupancy. A Bed-and-Breakfast shall provide a minimum of 120 square feet per bedroom
for first roomer with 90 sq ft for each additional occupant. Only habitable rooms originally
designed as bedrooms shall be used for lodging.

D. Guest parking shall include one off-street parking space for each bedroom.

E. No cooking facilities are permitted in the individual guest rooms.

F. A bed-and-breakfast home must be owner-occupied and owner-managed.

1) An owner-occupant is an individual who owns at least a 1/2 interest in the real estate on
which the bed-and-breakfast home is located and also owns at least a 1/2 interest in the
business of running the bed-and-breakfast home and who primarily resides in and lives in
the bed-and-breakfast home for at least 80% of the days (in each calendar year) when the
bed-and-breakfast home is open for business as a bed-and-breakfast home.
2) An owner-manager is an individual who owns at least a 1/2 ownership interest in the real
estate on which the bed-and-breakfast home or bed-and-breakfast inn is located and also
owns at least a 1/2 interest in the business of the bed-and-breakfast home or bed-and-
breakfast inn and who is primarily responsible for the management of the bed-and-
breakfast home or bed-and-breakfast inn and is physically present in the bed-and-
breakfast home or bed-and breakfast inn at least once per day for 80% of the days (in
each calendar year) when the bed-and-breakfast home or bed-and-breakfast inn is open
for business.
G. Approval. A special use permit to operate a bed-and-breakfast shall be valid for (4) four
years from the date of issuance, subject to continuing compliance with the conditions of the
special use permit and subject to continuing compliance with the New York State Uniform
Fire Prevention and Building Code.

H. Permit Renewal. The applicant shall renew the permit for additional (4) four-year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Planning
Board shall notify the Building inspector, 15 days prior to the meeting at which the renewal
is being considered, who shall provide a description, in writing, of any changes that have

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 occurred since the time the special use permit was approved or last renewed and a list of
violations or complaints, if applicable. The Zoning Board of Appeals shall consider the
Building Inspector’s report when rendering a decision.

I. Enforcement. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code. Any facility operated
in violation of this chapter shall have its permit suspended on the first violation and revoked
for a second violation if not corrected within thirty (30) days. No permit shall be reinstated
until the owner fully complies with the provisions of this chapter.

1328.4.7 Hostel

A. A sketch showing the floor plan of the hostel with room dimensions will be provided to the
Zoning Board of Appeals and the Planning Board. A site plan delineating the location of the
hostel on the tax parcel, minimum setback distances, proposed parking areas, proposed
screening and any other information applicable will be provided to the Planning Board.

B. No guest shall stay for a period exceeding 15 days. The hostel shall maintain a guest registry
identifying the arrival and departure dates of guests.

C. Occupancy. A Hostel shall provide a minimum of 120 square feet per bedroom for first
roomer with 50 sq ft for each additional occupant. Only habitable rooms originally designed
as bedrooms shall be used for lodging.

D. Litter Control Program. All hostel applications shall provide a litter control program that
must include at least two trash receptacles on site for customer use, located next to
walkways. At a minimum, the program must also address daily on-site litter pickup.

E. Approval. A special use permit to operate a hostel shall be valid for (4) four year from the
date of issuance, subject to continuing compliance with the conditions of the special use
permit and subject to continuing compliance with the New York State Uniform Fire
Prevention and Building Code.

F. Abandonment of use. All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.

G. Termination. All approvals shall be deemed to be personal to the holder and shall terminate
upon the transfer of title or owner.

H. Permit Renewal. The applicant shall renew the permit for additional (4) four-year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Zoning
Board of Appeals shall notify the Building inspector, 15 days prior to the meeting at which
the renewal is being considered, who shall provide a description, in writing, of any changes
that have occurred since the time the special use permit was approved or last renewed and a
list of violations or complaints, if applicable. The Zoning Board of Appeals shall consider
the Building Inspector’s report when rendering a decision.

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I. Enforcement. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code. Any facility operated
in violation of this chapter shall have its permit suspended on the first violation and revoked
for a second violation if not corrected within thirty (30) days. No permit shall be reinstated
until the owner fully complies with the provisions of this chapter.

J. Management Contact. The applicant must provide contact information for the agent
responsible for the management of said facility. The owner’s name, date of birth, residential
address, and mailing address, together with his/her business telephone number, home
telephone number, facsimile number, and e-mail address. Or, if such owner is a corporation,
the name and address of such corporation, its employer identification number and the name,
date of birth, residence, business address, together with the residence and business telephone
numbers, facsimile numbers and e-mail addresses of at least two officers of the corporation
responsible for management of the property. Or, if the owner is a limited liability company,
the name, business address, business telephone number, facsimile number and e-mail address
of the limited liability company, alongside the name, date of birth, residence, business
address, residence and business telephone numbers, facsimile number and e-mail address of
the manager of the limited liability company. Or if the owner is a partnership, the name date
of birth, address, residence and business telephone numbers, facsimile number and e-mail
address of the individual partners. The owner shall be obligated, at all times, to keep this
information updated, and when there is a change in the managing agent or other material
change.
1328.4.8 Fraternity or Sorority House

A. A sketch showing the floor plan of the facility together with the dimensions will be provided
to the Zoning Board of Appeals and the Planning Board. The fraternity or sorority shall
provide a letter of good standing from their host educational institution; the New York State
Board of Regents must recognize said educational institution.

B. A litter control program must include at least two trash receptacles on site for fraternity or
sorority use, located next to walkways. At a minimum, the program must also address daily
on-site litter pickup.

C. Occupancy. A Fraternity or Sorority House shall provide a minimum of 120 square feet per
bedroom for first roomer with 90 sq ft for each additional occupant. Only habitable rooms
originally designed as bedrooms shall be used for lodging.

D. Approval. A special use permit to operate a fraternity or sorority shall be valid for (1) one
year from the date of issuance, subject to continuing compliance with the conditions of the
special use permit and subject to continuing compliance with the New York State Uniform
Fire Prevention and Building Code.

E. Abandonment of use. All approvals issued shall expire and terminate upon the cessation or
abandonment of the permitted use for a one-year period.

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F. Termination. All approvals shall be deemed to be personal to the fraternity or sorority and
shall terminate upon the failure to remain in good standing with host educational institution.

G. Permit Renewal. The applicant shall renew the permit for additional (1) one year periods,
subject to site plan approval by the Planning Board, any fees applicable to the review of the
special use permit applications and approval by the Zoning Board of Appeals. The Zoning
Board of Appeals shall notify the Building inspector, 15 days prior to the meeting at which
the renewal is being considered, who shall provide a description, in writing, of any changes
that have occurred since the time the special use permit was approved or last renewed and a
list of violations or complaints, if applicable. The Zoning Board of Appeals shall consider
the Building Inspector’s report when rendering a decision.

H. Enforcement. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code. Any facility operated
in violation of this chapter shall have its permit suspended on the first violation and revoked
for a second violation if not corrected within thirty (30) days. No permit shall be reinstated
until the owner fully complies with the provisions of this chapter.

I. Management Contact. The applicant must provide contact information for the agent
responsible for the management of said facility. The owner’s name, date of birth, residential
address, and mailing address, together with his/her business telephone number, home
telephone number, facsimile number, and e-mail address. Applicant will also provide the
name, date of birth, residential address, and mailing address, together with his/her business
telephone number, home telephone number, facsimile number, and e-mail address of the
chapter advisor which is recognized by the university. In addition, the fraternity/sorority
must provide its federal tax identification number and the name, date of birth, permanent
residence, facsimile numbers and e-mail addresses of at least two fraternity/sorority officers.

1328.5 Kennel or Cattery

A. Regulatory Compliance:
1. All kennels/catteries must conform to the City of Niagara Falls regulatory
requirements outlined in Chapter 701 Animals, Fowl and Dogs and Chapter 738
Clean Neighborhood ordinances.
2. All kennels/catteries must show proof of a New York State pet dealer license under
the regulatory requirements of NYS Agriculture and Markets Law Article 26A.
3. All kennels/catteries are required to comply with the Federal Puppy Protection Act of
2001 amendment to the Federal Animal Welfare Act, which includes, but is not
limited to, prohibiting puppy mills and the breeding of female dogs during the first
estrus cycle and the breeding of female dogs each estrus cycle without sufficient rest
between litters.
4. No person who has been convicted of cruelty to animals shall be granted a special
permit for either a kennel or cattery.

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 5. There shall be no disposal of any refuse upon the premises.
B. Criteria: Board of Appeals shall consider the number, size, breed, and temperament of
animals to be sheltered and impose reasonable conditions to protect proximate uses,
aesthetic impact, and safety of the animals sheltered in order to ensure the health, safety,
and general welfare of the community in addition to each of the following:

1. Location: All kennels/catteries shall be allowed in C2, C3 and I1 zoned districts

with a special permit.
2. Setbacks: All kennel/cattery buildings and structures housing animals and open
areas where dogs are allowed to run shall be no closer than 200 feet to the nearest off-
site residential structure.
3. Minimum Size: Every kennel shall have sufficient space to allow animals to be
comfortable and shall have at least 25 square feet of floor area per dog and/or 4
square feet of floor area per cat. Every dog kennel must be large and high enough for
the canine to stretch fully; every cat should have at least 2’ of triangulated distance
between litterbox, resting area and food/water.
4. Outdoor housing: Any outdoor accommodations for animals must include a shelter
which is structurally sound, will protect the animal from the elements and is
appropriate to the breed, its physical condition and climate. Shade by natural or
artificial means must be provided to protect the animal from direct sunlight when
sunlight may threaten the health of the animal.
5. Hours of Operation: All dogs in any kennel shall be contained within an
appropriate kennel building between the hours of 8:00 PM and 8:00 AM, local time,
each day. Noise generated by dogs at the kennel shall not be discernible beyond 200
feet of the structure or the nearest off-site residential structure, whichever is nearer.
6. Sanitation: Applicant must provide a plan which illustrates how the facility will be
maintained in a clean and sanitary condition. Buildup of feces on a property which
results in a foul odor or unsightly condition that makes travel or residence in the
vicinity uncomfortable, or which attracts flies or other insects or animals thereby
creating an unsanitary condition shall be a violation of the Special Permit and thereby
allow its suspension or revocation.
C. Site Plan submitted to the Planning Board shall specifically contain provisions for
adequate measures to prevent offensive noise and odor and disposal of all animal wastes.
D. Approval. A special use permit to operate a kennel or cattery shall be valid for (4) four
years from the date of issuance, subject to continuing compliance with the conditions of
the special use permit and subject to continuing compliance with the appropriate
regulations regarding the care of animals from the New York State Department of
Agriculture & Markets and U.S.D.A. Failure to maintain and evidence continuing
uninterrupted compliance shall be grounds for revocation of the permit.
E. Abandonment of use. All approvals issued shall expire and terminate upon the cessation
or abandonment of the permitted use for a one-year period.

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F. Permit Renewal. The applicant shall renew the special permit for additional (4) four-
year periods, subject to review and approval by the Zoning Board of Appeals together
with any applicable fees to the review of the special use permit application. The Building
inspector shall provide, 15 days prior to the meeting, a description, in writing, of any
changes that have occurred since the time the special use permit was approved or last
renewed and a list of violations or complaints. The Zoning Board of Appeals shall
consider the Building Inspector’s report when rendering a decision. Multiple infractions
of applicable city ordinances and related New York State Code shall be grounds for
denial of a permit renewal.
G. Enforcement. The Code Enforcement Officer, an agent of the Niagara County SPCA,
U.S.D.A. - Animal and Plant Health Inspection Service or other person designated by the
City of Niagara Falls shall be given access to the premises for the purpose of making
inspection as deemed necessary from time to time to ensure compliance with these
regulations and with the applicable and related New York State Code.
1. Any facility operated in violation of this chapter shall have its permit suspended on
the first violation and revoked for a second violation for same infraction if not
corrected within thirty (30) days.
2. No permit shall be reinstated until the owner fully complies with the provisions of
this chapter, and no extension shall be granted beyond (30) days from the date of
expiry to bring property into full compliance.

1328.6 Telecommunication Facility

For telecommunication facilities which require a Special Permit, the following conditions shall
be required:
A. Objectives.

The City shall apply the telecommunication regulations to specifically:

1. Protect the visual character of the City from the potential adverse effects of
telecommunication facility development and minor antenna installations;
2. Provide a public forum to insure a balance between public concerns and private
interest in establishing telecommunication and related facilities;
3. Protect residents from the possible adverse health effects associated with exposure
to high levels of Non-Ionizing Electromagnetic Radiation (NIER); and,
4. Protect the environmental and scenic resources of Niagara Falls.
B. Preferred Locations
Any existing site on which a legal wireless telecommunications facility is currently located shall
be a Preferred Location Site regardless of the underlying zoning designation of the site, provided,
however, that locations which meet this criteria shall be subject to the design and siting
components of this Ordinance, or any other such policies which are, or may be, adopted by the
Planning Board and the Zoning Board of Appeals including, but not limited to, policies which

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prevent location of so many facilities on a structure such that the roof or site resembles an
“antennae farm” or is otherwise deemed visually obtrusive.
The Planning Board shall express a preference for: co-location on existing structures, provided
there is such a technologically feasible and available location; location on existing structures;
location in the highest intensity use district; property in close proximity to any other existing
structures that either, (1) exceed, (2) meet, or (3) approach the height limit for that district, where
so locating will provide minimum visual impact due to other installations or construction of
similar type and visual impact.
The Planning Board will not approve applications for such sites unless the application (a) shows
what publicly-used building, co-location site or other Preferred Location Sites are located within
the geographic service area; (b) shows by clear and convincing evidence what good faith efforts
and measures to secure these Preferred Location Sites were taken; (c) explains why such efforts
were unsuccessful; and (d) demonstrates that the location for the site is essential to meet
demands in the geographic service area and the applicant's citywide network, provided, however,
that facilities placed on publicly-used structures, or in co-location sites as defined above, shall
not be disfavored sites and may be approved for installation by the Board of Appeals.
A guideline for the Planning Board’s preference, from most favorable to least favorable districts/
property, is as follows:
1. Preferred Location Sites:
a. Property with an existing structure suitable for building-mounted installation,
and/or for co-location, unless it is located within a recognized Historic, Scenic, or
other Special Development District, and in the following preference order: (1)
Municipal or institutional use property, (2) Industrial Districts, (3) Commercial
Districts, (4) Multi-Family Residential Districts.
b. Property allows installation that is in close proximity to other existing structures
that either (1) exceed, (2) meet; or (3) approach the height limit for that district
and in the following preference order: (1) Municipal or institutional use property,
(2) Industrial Districts, (3) Commercial Districts, (4) Multi-Family Residential
Districts.
c. All other Industrial and C3 Commercial District property.
2. Limited Preference Sites:
a. Other property in the following district preference, unless it is located within a
recognized Historic, Scenic, or other Special Development District: (1) Municipal
or Institutional use property, (2) C2 Commercial District, (3) R3 Multi-Family
Residential District.
3. Disfavored Sites:
a. Other property in the following district preference, unless it’s located within a
recognized Historic, Scenic, or other Special Development District: (1) C1
Commercial District, (2) Other Residential Districts.
b. Any property within 500 feet of a National Historic Register property, and any
property within a recognized Historic, Scenic or Special Development District.

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 c. Low intensity residential property and districts are disfavored.
C. Application Procedures
Applications for telecommunications facilities shall include, as a minimum, the following
information:
1. Statement of intent regarding the lease of excess space on the facility to other potential
users at reasonable market rental rates and terms. The Zoning Board of Appeals may
modify this condition if the facility is attached to an existing structure. The letter shall
commit the facility owner and successors to: respond in a timely, comprehensive manner
to a request for information, negotiate in good faith for shared use by third parties and
allow shared use if an applicant agrees in writing to pay reasonable rental charges or
other consideration and to pay all costs of adapting the facility or existing users’
equipment to accommodate a shared user without causing uneconomical correctable
electromagnetic interference or causing electromagnetic radiation in excess of levels set
by Federal Regulations and can otherwise agree on reasonable business terms and
conditions for shared use of the facility.
2. Five Year Facilities Plan to include: description of the type of technology each
company/carrier will provide to its customers over the next five (5) years (Cellular, PCS,
ESMR).
3. A presentation size map of the City which shows the five (5) year plan cell sites and/or
the geographic service areas of the cell sites. The map shall be provided in hard copy at a
24-inch by 36-inch or greater size.
4. List of all existing and proposed cell sites within the City owned or operated by the
applicant including: address and S-B-L number; building type, use and height; zoning
district; Identification of carrier (applicant’s company); number of antennas and base
transceiver stations (BTS) per site by your carrier and, if there are other installations on a
site, list the number by each carrier; describe the type of antenna and its installation
(stand alone rooftop, rooftop attached to a mechanical penthouse, or building facade) and
location of the BTS installation(s); List the height from grade to the top of the antenna
installation(s).If you do not yet know the specific facility location, identify the cell and an
approximation of the optimum facility location contained within the geographic service
area you anticipate for each City neighborhood and identify each geographic service area
with a number that will correspond to the future cell site (Site 1, Site 02).
5. Evidence of compliance with all applicable State and Federal licensing, as well as, a
statement of compliance verifying facility operation within Federal Communications
Commission (FCC) designated frequencies and power levels. Subsequent field
verification, by a qualified agent, may be requested by the City, at the applicant’s
expense. Verification shall not be required more than once every five (5) years.
6. Written agreement by applicant to remove the Telecommunication Facility if such facility
becomes technically obsolete or ceases to be used for its intended purpose for twelve (12)
consecutive months.

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D. Conditions of Approval
In addition to site plan requirements in Chapter 1324 the Planning Board and Board of Appeals
may require the applicant to:
1. Require out-of-state facilities to be designed as public art rather than as obtrusive utilities.
2. Towers to be designed and sited so as to avoid application of Federal Aviation
Administration (FAA) lighting and painting requirements. Unless otherwise directed by
the City, FAA or other controlling entity, towers shall be a galvanized finish or painted
matte gray with no reflective surfaces.
3. No tower shall contain or support any signs or advertising devices.
4. A road and one (1) loading space shall be provided to assure adequate emergency and
service access.
5. All communications towers and guy anchors shall be enclosed by a fence not less than
eight feet (8’) in height or otherwise sufficiently protected from trespassing or vandalism.
6. Elevations the facility and tower showing the proposed antennas, together with a photo
montage of the Facility from the most prominent public vantage point from a distance of
not less than 500 feet.
7. Location of all structures on the property and all structures on any adjacent property
within twenty feet 20’ of the property lines, together with the distance of these structures
to the communications tower.
E. Application Fees
The Following permit fees, in addition to building permit fees, are applicable to those
telecommunication facilities which require a Special Permit:
1. Special Permit fees, plus
2. Telecommunication Facility Application Fee - $500.00
3. Tower Permit Fee - $2,500.00 (base) plus $100.00 per foot, for every foot of tower height
according to the following schedule:
a. In excess of fifty feet (50’) in R1, R2, R3, R4, C1, OS and NPD Districts or
Waterfront Overlay; or
b. In excess of 100 feet in C2, C3, INS Districts; or
c. In excess of 150 feet in I1 or I2 Districts, plus
4. Prior to the issuance of a Building Permit, a financial security bond with the City as
assignee in an amount not less than $50,000.

1328.7 Adult Use

For adult uses which require a Special Permit, the following conditions shall be required

159
A. The Director of Inspections shall issue a letter of compliance for an adult use, provided
that said adult use is not located:
1. Within a five-hundred foot (500’) radius or any area zoned for residential use; or
2. Within a five-hundred foot (500’) radius of another adult use; or
3. Within a five-hundred foot (500’) radius or any school, church, or other place of religious
worship, park, playground or playing field; or
B. No more than one adult use shall be located on any lot.

1328.8 Bed and Breakfast

For bed and breakfast uses which require a Special Permit, the following conditions shall be
required:
A. Bed and Breakfast shall be private, owner-occupied with no more than five guest rooms.

1328.9 Recreation, Commercial Outdoor

For recreation (commercial outdoor) uses which require a Special Permit, the following
conditions shall be required:
A. Exterior lighting and parking shall not detract from the overall park-like setting.

1328.10 Funeral Home

For funeral homes which require a Special Permit, the following conditions shall be required:
A. Parking areas shall be restricted to the rear of the building and/or hidden from street
views.

1328.11 Manufacturing, Light

For manufacturing (light) uses which require a Special Permit, the following conditions shall be
required:
A. Building Façade
A minimum of 75% of the front building façade shall be devoted to retail use
B. Air
No dust or particulate matter shall be emitted that is detectable at boundary or property lines by a
reasonable person without instruments. Exhaust air ducts shall be located or directed away from
abutting/adjacent structures or public walkways and sidewalks.

160
C. Electromagnetic Radiation and Interference Standard
No activity, operation or use shall cause electromagnetic radiation interference that (a) adversely
affects persons of the operation of any equipment across lot lines and (b) is not in conformance
with the regulations of the Federal Communications Commission.
D. Odor
No continuous, frequent or repetitive odors are permitted which are perceptible on or beyond
adjacent property lines. An odor detected no more than a total of 15 minutes in any one day shall
not be deemed to be continuous, frequent, or repetitive for this regulation.
E. Liquid and Solid Waste
The use, handling, storage and transportation of waste materials, including hazardous wastes
shall adhere with applicable local, New York State and US laws. Discharge at any point into a
public or private sewage disposal system, stream, or the ground, of any material which could
contaminate any water supply, or otherwise cause the emission of dangerous of offensive
elements is prohibited.
F. Noise
It shall be unlawful for any person to operate, or permit to be operated, any stationary noise
source in such a manner as to create a sound pressure level which exceeds 65 dBA when
measured at the property boundary of the noise source or at any point within any other property
affected by the noise.
G. Lighting
All outdoor lights shall be designed, located, installed and directed in such a manner to prevent
objectionable light at and across the property lines, and to prevent glare at any location on or off
the property. In addition, fixtures shall be full cut-off fixture installed in a horizontal position or
be a fully shielded fixture to prevent glare and/or light trespass from all building, site.
H. Loading Areas
All loading areas shall be designed and landscaped to minimize visual impact from adjacent
properties.

1328.12 Camper Parks

For camper parks which require a Special Permit, refer to Chapter 1129 of the City of Niagara
Falls Codified Ordinances.

1328.13 Short Term Rental Units

Short-Term Rental Units, also referred to as short-term rentals, and/or vacation rentals shall only
be allowable on properties that comply with all of the requirements of this Chapter and shall only
be permitted to operate legally provided the owner obtains a short-term rental special permit as
set forth in herein below.

161
A. Short-term rentals shall be defined as follows:
1. A dwelling unit consisting of a detached single-family residential structure or a
dwelling unit in a two-family (duplex) residential structure that is rented as a
whole unit and under a single booking for a period of less than 30 days.
2. Short-term rentals are not allowed in a multi-unit (three or more) residential
structure.
3. The dwelling unit is rented in its entirety and not as rooms.
4. Only the owner of record (not renters or lessees) is eligible to apply for a short-
term rental special permit. The short-term rental must be owner managed and
operated. The special-permit for a short-term rental is nontransferable.
5. No alteration to either the exterior or the interior of any principal or accessory
structure shall be made that changes the character and appearance of the
residential premises without prior approval of the Planning Office.
6. The rental unit is exclusively for lodging purposes and does not allow the
dwelling unit to be used for special event gatherings or parties. Gatherings,
special events, or parties include but are not limited to gatherings such as
weddings, funerals, fundraisers or similar group gatherings.
7. Short-term rentals are not permitted in dwelling units that are subject to affordable
housing covenants or are income-restricted under city, state or federal law.
8. Only structures approved for residential use, under the Building Code, are to be
covered by a special use permit. A yard, storage shed, trailer, garage or
temporary structure, such as a tent, are examples of structures prohibited from use
as short-term rentals.
9. No cooking facilities are permitted in the individual bedrooms or any other rooms
where guests can sleep.
B. Short-Term Rental Unit Special Permit Requirements. As part of the application process
under this Chapter, the applicant shall provide the following documents to the Planning Office:
1. Completed Applications, together with the applicable fee(s), payable to “City
Controller” and;
2. A site plan as per Chapter 1324 of the entire property, and;
3. An interior floor plan of the residential unit to be permitted under this Chapter.
4. An owner shall establish that the proposed short-term rental unit will not
contribute to the loss of neighborhood character or otherwise create a threat to
public health, safety or welfare by providing the following:
a. Letter or written statement from the Department of Code Enforcement
stating that all of the owner’s properties in Niagara Falls are in good
standing with no pending housing court or other code violations, and a
Certificate of (Code) Compliance for the subject dwelling unit.

162
 b. Letter or written statement from the Niagara Falls Police Department
indicating the number of 911 calls and arrests attributed to the owner’s
properties in Niagara Falls.
c. Letter or written statement from Department of Public Works indicating
that there are no outstanding complaints or concerns for any of the
owner’s properties in Niagara Falls.
d. Letter or written statement from the City Controller – Billing and
Collection Division indicating that the owner is not delinquent on any
payment to the city of any fees, penalties, taxes or any other monies
related to the property.
e. Letter or written statement from the Niagara County Department of Health
indicating that there are no active complaints or pending investigations for
any of the owner’s properties in Niagara Falls.
f. Records demonstrating that the owner has successfully passed the tourism
guide examination given by Destination Niagara USA (aka Niagara
Tourism & Convention Corporation) or successor public agency.
5. Health and Safety.
a. All Short Term dwelling units shall provide working fire extinguishers,
interconnected and hardwired smoke and carbon monoxide
detector/alarms, located as required for new dwellings.
b. No sleeping rooms shall be located above the second story.
c. A fire safety notice shall be affixed to the occupied side of the entrance
door of each bedroom indicating:
i. A Means of Egress, which shall include at least one of the following
alternatives:
1. A limited area sprinkler system installed in conformance with
NFPA 13D protecting all interior stairs serving as a means of
egress;
2. An exterior stair, in conformance with the Codes of NYS
relative to one- and two-family dwellings, providing a second
means of egress from all above grade stories or levels; or
3. An opening within each bedroom for emergency use, in
conformance with the Codes of NYS relative to one- and two-
family dwellings. Such opening having a sill not more than 14
feet above level space directly below and, as permanent
equipment, a portable escape ladder that attaches securely to
such sill. Such ladder shall be constructed with rigid rungs
designed to stand off from the building wall, shall be capable
of sustaining a minimum load of 1,000 pounds, and shall
extend to and provide unobstructed egress to an open space at
grade.

163
 ii. Location of means for transmitting fire alarms, if any; and
iii. Evacuation procedures to be followed in the event of a fire or smoke
condition or upon activation of a fire or smoke-detecting or other
alarm device.
6. Compliance.
a. The owner of a short-term rental shall be responsible for any nuisance
violations arising at a property during short-term rental activities.
b. The owner of a short-term rental shall fully comply with all applicable
State and Local fire, building, health and safety laws, and all relevant local
ordinances, including parking standards. In any event, no overnight
occupancy should be permitted which violates the International Fire Code
(IFC).
c. It shall be the responsibility of owners to have and maintain a valid sales
tax certificate as required by New York State Law and to collect and remit
the applicable occupancy and sales taxes as required by law, ordinance or
regulation.
7. Occupancy.
a. The owner shall limit overnight occupancy of the short-term rental
(dwelling unit) to not exceed two persons per room, which are designated
as bedrooms.
b. The owner shall maintain a guest registry identifying the name and
address of principle guest(s) in addition to arrival and departure dates of
guests.
c. The guest registry shall be made available to the various departments of
the City of Niagara Falls, New York, including but not limited to the
Police Department, Fire Department and Code Enforcement Department
upon request.
C. Duration. A short-term rental unit special permit shall be valid for a period of four (4)
years from the date of issuance, unless suspended or revoked. Each special permit shall be
renewable for additional four (4) year periods upon completion of the application process set
forth herein.
D. Permit Renewal. The applicant shall renew the permit for additional four-year periods.
Such renewals are subject to site plan review and approval by the Planning Board, any fees
applicable to the review of the special use permit application, and approval by the Zoning Board
of Appeals. No less than 15 days prior to the meeting at which the renewal is being considered,
the Planning Office shall notify the Code Enforcement Office and request that a building
inspector provide a description, in writing, of any changes that have occurred since the time the
special use permit was approved or last renewal and a list of violations or complaints, if
applicable. The Zoning Board of Appeals shall consider all Planning and Building Inspector’s
reports and recommendations, along with the application materials, in making their respective
determinations.

164
E. Penalties and Enforcement.
1. Any permit issued pursuant to this chapter is subject to continuing compliance with
the conditions set forth herein, as well as, any applicable laws or ordinances.
2. The Building Inspector shall be given access to the premises for the purpose of
making inspection as deemed necessary from time to time to ensure compliance
with these regulations and with applicable New York State Code.
3. In the event that the Department of Code Enforcement determines that a violation
exists, the Department of Code Enforcement shall inform the owner by written
correspondence, hand delivered or sent via first class mail to the address provided
on the application, and provide a fixed period of time not to exceed thirty (30) days
to remedy all existing violations or show cause for delay, which may only be
granted once, by the Director of Code Enforcement, for a time period not to exceed
ninety (90) days.
4. Failure to remedy violations.
a. Following the expiration of the time period set forth in Section
1328.13(E)(3) above, the short-term rental unit special permit shall be
guilty of a violation and such permit shall be immediately suspended for a
period of sixty (60) days. Continued failure to remedy an initial violation
following the sixty-day suspension, the short-term rental unit special
permit shall be considered guilty of a second violation.
b. The short-term rental unit special permit guilty of a second violation shall
be further suspended for a period of one hundred twenty (120) days.
Continued failure to remedy a second violation following the one hundred
twenty-day suspension, shall be considered a third violation.
c. The short-term rental unit special permit guilty of a third violation shall be
immediately revoked for that owner and location.
5. An owner that has a permit revoked may not apply or be granted another permit for
a period of two (2) years from the date of revocation, and no such permit shall be
reinstated unless the owner has demonstrated that all violations have been corrected
and that he/she/it is in full compliance with all applicable provisions of this chapter.
Revocation and/or multiple violations may be grounds for the denial of subsequent
application under this Section.
6. In addition to the penalties set forth in Section 1328.13(E)(4) above, any person
who violates any provision of this chapter shall be guilty of a violation. Each
violation shall be punishable by a fine not to exceed $250 or by imprisonment for a
period not to exceed fifteen (15) days, or both for each violation.

165
 SCHEDULE 1 – Use Table – March 25, 2020 Page 1 of 3

Negotiated
Open
USE CATEGORIES Residential Districts Commercial Districts Downtown Districts Industrial Districts
Space
Institutional Planned
Dev.
Detached Multi- North NPD
Doubles Neighborhood Traditional Downtown Gorge View Transition Business
Single Family Heritage General Main Industrial Institutional
R2 C1 C2 D1 D2 D2 Park OS
R1 R3 R4 C3 D3 I2 INS (Refer to
A, B A, B, C A, B A, B, C, D A B I1
A, B, C, D A, B, C A 1318.2)
Residential Categories

Accessory Dwelling Unit        

Duplex/Semi Detached     

Multi-dwelling structure (3+ units)        

Single Detached Dwelling      

Townhouse       

    

Group Living     

Bed and Breakfast 1 S1 S1 1 1 1 1 1 1 1

Boarding/Rooming House S1 S S

Day Care, Adult Home S S S  

Group Home          

Fraternity or Sorority House S S S S S

Halfway House S S S S 

Homeless Residential Facilities S S S S 

Hostel S S S S S S

Rectory         

Industrial Categories

Junkyard -

Manufacturing, Light S    -

Manufacturing, Heavy  -

Recycling Operation  -

Warehouse    -

Waste-related  -

Wholesale Establishment   -

 = Permitted Use Empty Box = Not Permitted 1 Owner Occupied 2 Accessory Only S = Permitted only with Special Permit (Chapter 1328)
 SCHEDULE 1 – Use Table – March 25, 2020 Page 2 of 3

Negotiated
Open
USE CATEGORIES Residential Districts Commercial Districts Downtown Districts Industrial Districts Institutional Planned
Space
Dev.
Detached Multi- North NPD
Doubles Neighborhood Traditional Downtown Gorge View Transition Business
Single Family Heritage General Main Industrial Institutional
R2 C1 C2 D1 D2 D2 Park OS
R1 R3 R4 C3 D3 I2 INS (Refer to
A, B A, B, C A, B A, B, C, D A B I1
A, B, C, D A, B, C A 1318.2)
Institutional Categories

Community Center and Services            

College       

Hospital     

Parks, Public Use & Recreation Areas               

Parks, Open Space & Natural Areas               

Religious Facilities             

School, Public and Private           

Commercial Categories

Adult Uses S

Bar  (C only)        

Camper Parks S (A only) S

Child & Small Day Care Centers         

Contractor’s Yard           

Cultural Facilities, Private             

Funeral Home S    

Hotel/Motel       

Kennel or Cattery S S S

Motor Vehicle Service and Repair, Minor  (C only)   

Motor Vehicle Service and Repair, Major S  

Motor Vehicle Sales and Leasing   

Office  (C only)          

Parking, Commercial 

Rail Transit Facility     

 = Permitted Use Empty Box = Not Permitted 1 Owner Occupied 2 Accessory Only S = Permitted only with Special Permit (Chapter 1328)
 SCHEDULE 1 – Use Table – March 25, 2020 Page 3 of 3

Open Negotiated
USE CATEGORIES Residential Districts Commercial Districts Downtown Districts Industrial Districts Institutional
Space Planned Dev.
Detached Multi- North NPD
Doubles Neighborhood Traditional Downtown Gorge View Transition Business
Single Family Heritage General Main Industrial Institutional
R2 C1 C2 D1 D2 D2 Park OS
R1 R3 R4 C3 D3 I2 INS (Refer to
A, B A, B, C A, B A, B, C, D A B I1
A, B, C, D A, B, C A 1318.2)
Commercial Categories (cont’d)

Recreation, Commercial Outdoor       S

Restaurant  (C only)         

Retail Sales and Service  (C only)         2

Shopping Center  

Storage, Self-Serve   

Telecommunication Facility S S S S S S S S S S S S S S S

Tourism and Sightseeing Oriented S S S S S S

Veterinary Clinic     

    

       

      

 

  

       

   

    

       

      

 

  

    

 = Permitted Use Empty Box = Not Permitted 1 Owner Occupied 2 Accessory Only S = Permitted only with Special Permit (Chapter 1328)
 Gill Creek

k
ee
ll Cr

an
ch
Gi
Schedule 2:
Br
Branch
Gill Cre
ek Design District
College Ave Design Overlay

Ê
College Ave

I1
(Incl. Zone C1, C2, D1, D2, R4)
90
1 inch = 3,200 feet
Lewiston

Ave

d
port R
Lock 0 1,600 3,200 4,800

I1
land

90
Feet
High
Rd

For accurate interpretation of boundaries, refer to the City’s GIS system.

Disclaimer: Digital files are based on data from various sources. The City of Niagara Falls, N.Y.
t assumes no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
tS or usefulness of any information presented. ver.09.05.28
p or
ck
Main

Lo
St

Ontario Ave
Porter Rd
11th St

Hyd
eP
ark
wy

Porter Rd
Pk

lvd
ses

Rd
Mo

a rd
t

ck
ber

Pa
Ro

M
ilit
Pine Ave

a
ry

Tu
Nia

Rd
Walnut Ave

sc
gar
a

aro
Fall
sB

ra
lvd
Po

Ferry Ave

Rd
rt
ag
eR

Cayuga Dr
d

Niagara St
Niagara St
John B
1st St

56th St
dR

I 190
Daly Blv

ar

87th St
ck

Rainbow Blvd
Pa
d

S
La Salle Expy

M
ilit
La Salle Expy

ar
y
Rd
I 190

Pkwy
Robert Moses State Rob

77th St
ert
M ose
s Bu
Sta ffa
te P lo Av
kwy e
 Schedule 3:
Urban Renewal Areas
Rankine Rd
Lafayette Ave
Urban Renewal Area

McKinley Ave
Norwood Ave
Urban Renewal Eligible Area
Rapids Blvd Garrett Ave

Roselle Ave
1 inch equals 2,000 feet
Maple Ave
0 1,000 2,000 3,000
Vanderbilt Ave Feet
For accurate interpretation of boundaries, refer to the City’s GIS system.
Disclaimer: Digital files are based on data from various sources. The City of Niagara Falls, N.Y.
assumes no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
College Ave or usefulness of any information presented. ver.08.07.31

New Jersey Ave

Rhode Island Ave

Birch Ct

Beech Ave
Monteagle St Calumet Ave

Garden Ave
Centre Ave
Fairfield Ave
Grove Ave

Jerauld Ave

Ontario Ave

Niagara Ave
Porter Rd

Lincoln Pl South Ave

Division Ave Weston Ave

Linwood Ave

Willow Ave

Pierce Ave
Orchard Pkwy
Whitney Ave

La Salle Ave

Woodlawn Ave

Forest Ave

Independence Ave

Grand Ave Grand Ave

Pine Ave

Walnut Ave
Chapin Ave

Ferry Ave Ferry Ave

Livingston Ave Ely Ave

Dudley Ave

Monroe Ave

Church Ave

Falls St Royal Ave

Macken na Ave
 11th St

56th St
508 524 525
8414
8418 8422 8723
8318 501 520
8502 519
8508 8512 615
8518
8522
514 515
8600 8614
8618 8624 8630 8634 509
8612 506 8710 8716 8722
8317 8323 8403 8407 8415
8419 8423 8427 505
8503 502
8505
8409 8505 1/2

262 263
258

257 259
258

253 252
252 202
247 174
247 248
211
241 170
241 242 161
242 126 8736

237 164 8720

237 238
236
231 160 118
233 232
232
155 114
227 154 151
227 228 108
226
221 150 147 8676
223 222 8670
220 8660 8664
144 141 8656
218 217
216 219

140 137
212 211
211 8652
210
131 8644
207 134
207 208 8717
206 8707 8711
203 130 8701
8420 8636
202 203
8628 89
8657
8622
8651 85

128
129 8600 86 79
124 8411
75
78
120 119 8450
76 71
8643
116 74 67

8410 66
111 83

60
8254
8246 79 58

Schedule 5:
64
73 50

Setback Requirements
51

8477
Setback Requirments
8401 Min = 0' / Max = 10'
Min = 20'
8441
8431
50 None
8421

55 8403
1 inch equals 200 feet

0 100 200 300

Feet
For accurate interpretation of boundaries, refer to the City’s GIS system.
Disclaimer: Digital files are based on data from various
12 sources. The City of Niagara Falls, N.Y.
assumes no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
or usefulness of any information presented. ver.08.10.02
508 524 525
8414
8418 8422 8723
8318 501 520
8502 519
8508 8512 615
8518
8522
514 515
8600 8614
8618 8624 8630 8634 509
8612 506 8710 8716 8722
8317 8323 8403 8407 8415
8419 8423 8427 505
8503 502
8505
8409 8505 1/2

262 263
258

257 259
258

253 252
252 202
247 174
247 248
211
241 170
241 242 161
242 126 8736

237 164 8720

237 238
236
231 160 118
233 232
232
155 114
227 154 151
227 228 108
226
221 150 147 8676
223 222 8670
220 8660 8664
144 141 8656
218 217
216 219

140 137
212 211
211 8652
210
131 8644
207 134
207 208 8717
206 8707 8711
203 130 8701
8420 8636
202 203
8628 89
8657
8622
8651 85

128
129 8600 86 79
124 8411
75
78
120 119 8450
76 71
8643
116 74 67

66
111 8410
Schedule 6: 83

60
Maximum Building Heights
8254
8246 79 58
64
73 50

Height Requirements
51

8477
Min = 20' / Max = 60'
Max = 40'
8401

Max = 25'

8431
8441 Min = 20' / Max = 40'
50
8421

55 8403
1 inch equals 200 feet

0 100 200 300

Feet
For accurate interpretation of boundaries, refer to the City’s GIS system.
Disclaimer: Digital files are based on data from various sources. The City of Niagara Falls, N.Y.
12
assumes no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
or usefulness of any information presented. ver.08.10.02
 Town ofNi
agar
a
y a Dr
kw ot Edn Blank Rd

S Hewitt Dr
rookside D
sP Sherman Ave a r k in g L Dr

Clark St
Schedule 8: Official Zoning Map
se

P
o de

Mayflower
Hyd
M ks
i Laurel Rd
rt d o
be R ro

NB
Ro ton

e Par
s SB

Kline Rd
vice
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mp Le

s
Tho
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Garfield Ave Thorn

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un

w
Sa me

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ee

ir
Sw

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Entran

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C
Ct

Beckwith Ave
sity

Her mitage
Lafay ette

ce
Residential Commercial Other

Ser

Ramp

Theresa Ln
Canada

Univer
Lafayette Ave

Rd
Witmer Rd Co lo
n ial Dr

Jackson Dr
Meadowbrook Rd

Thomas Ct
Dr
Lot

C1 - Neighborhood
Dr

ive
R1 - Detached Single

Dr
nkine Rd
nie Cir

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way
ng
Fox Ave S ha Steele

Terrace

Moh awk Pkw

I1 - Business Park
Taylor Dr

Colo mba Dr
Ra

Pat

ve

ki
To Lewi
ston /

Par

Witm

Sen eca Pkw y

Wyo m in

Tuscarora Rd
gA
Pomeroy Ave

C1-A

Miller Rd
er

y
Collins Ave

Indus

Bank St
Mckinley Ave

Woodard Ave
Queenston Bri
dge

trial E
Grau er Rd

R1-A
Norwood Ave
Liberty Ave
Crescent Pennsylvania Ave

st
kwy
Harrison Ave

John St
I2 - Industrial
Delaware Ave
Unn amed Street
Garrett Ave

P
Lee Dr

Rapids Blvd

nic

Dr
Delaware Ave

Y
Chester Ave

PK
C1-B

Sce
! ! ! ! ! ! ! ! ! ! ! ! ! !

C rescent Dr
! ! ! ! ! ! ! ! ! ! ! ! ! !

AR
James Ave
! ! ! ! ! ! ! ! ! ! ! ! ! !

ar a
! ! ! ! ! ! ! ! ! ! ! ! ! !

AG Un n am ed Street
! ! ! ! ! ! ! ! ! ! ! ! ! !
NI

R1-B
! ! ! ! ! ! ! ! ! ! ! ! ! !

ag
James Ave Creekside Pkwy
!
!
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Morley Ave
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

Roselle Ave Parking Lo t

! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

INS - Institutional
Maryland Ave
y
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

ewa

C1-C
and Pl
odl
D riv
! ! ! ! ! ! ! ! ! ! ! ! !
Maryland Ave Quarry Rd

Cliff St
Wo
! ! ! ! ! ! ! ! ! ! ! ! !

Alley

17th St
Isherwood Dr
! ! ! ! ! ! ! ! ! ! ! ! !

In
! ! ! ! ! ! ! ! ! ! ! ! !

ter
! ! ! ! ! ! ! ! ! ! ! ! !

sta
Maple Ave
! ! ! ! ! ! ! ! ! ! ! ! !

te
19
Maple Ave

0
R1-C

Dr
Carroll St
C2 - Traditional

Bell St
Barton St
Town ofNi
agar
a

Washington St

Deveaux St

son
ts Ave
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Mckoon Ave

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ston
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R2 - Doubles
Van Rensselaer Ave
Gree nview
! ! ! ! ! ! ! ! ! ! ! ! ! !

e Cir N
! ! ! ! ! ! ! ! ! ! ! ! ! !

J o ann

Crestview Ln
·
eveaux W
! ! ! ! ! ! ! ! ! ! ! ! ! !

Wildwood Dr
ve
! ! ! ! ! ! ! ! ! ! ! ! ! !

New Jersey Ave

Ent Ave
! ! ! ! ! ! ! ! ! ! ! ! ! !

on A
! ! ! ! ! ! ! ! ! ! ! ! ! !
D

oo d s

! ! ! ! ! ! ! ! ! ! ! ! ! !

Dorchester R
Sunnydale Dr
! ! ! ! ! ! ! ! ! ! ! ! ! !
Delancey Rd

Dr
Ashwood Dr
! ! ! ! ! ! ! ! ! ! ! ! ! !

d is
C3 - General
! ! ! ! ! ! ! ! ! ! ! ! ! !

Connecticu t Ave

e
! ! ! ! ! ! ! ! ! ! ! ! ! !

Johnso n St
Ma

e
Av
! ! ! ! ! ! ! ! ! ! ! ! ! !
Whirlpool State Park

v
alk

nd A
R2-A

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48th St
a lk
hW
Saint Joseph Rd

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la
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Pe
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r an

High
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ort Rd

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ll Cr

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Seymour Ave Lockp
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Norman St
Ln

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Virginia Ave

Savannah St

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Duluth St
mn
Louisiana Ave Woodside Pl

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dla
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Saint Paul St
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Panama St

190
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! ! ! ! ! ! ! ! ! ! ! ! !

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a

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! ! ! ! ! ! ! ! ! ! ! ! !

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Ln
Portland St
! ! ! ! ! ! ! ! ! ! ! ! !

Br

ve
Blewett Ave
! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! !r
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! ! ! ! ! ! ! ! !
Wis ey ! Elsa Pl

Findlay Dr Birch Ct
NW an ! !
Wa

! ! ! ! ! ! ! ! ! ! ! !

h ith a no ski
! ! ! ! ! ! ! B! ! ! !

Birch Ave mD Dr
r
! ! ! ! ! ! ! ! ! ! ! ! !

D1 - Downtown
lkw

! ! ! ! ! ! ! ! ! ! ! ! !

21st St
! ! ! ! ! ! ! ! ! ! ! ! !

R3 - Multi-Family
ay

! ! ! ! ! ! ! ! ! ! ! ! !

Jor
Michal Ct

Dell Dr

d
Lawson Dr

an
Unnamed Street

Beech Ave

Mi

Dr
ve
Chestnut A

lita
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rt E Easton Dr

Sadlo Dr
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Ralph Ct

Rd
Elm Ct
be

Aaron Griffin Way

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! ! ! ! ! ! ! ! ! ! ! ! ! !
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! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
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BU TTREYST
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

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! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

vue

vic
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

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eR
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

Grove Ave

Hist
oricU .
S.
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

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! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !

D1-C
! ! ! ! ! ! ! ! ! ! ! ! !

35th St
! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! !

Depot Ave Jerauld Ave

! ! ! ! ! ! ! ! ! ! ! ! !

E xpressway Vlg
Custom House& R3-C
VI

32nd St
Depot Ave W
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0 1,
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Ontario Ave
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Niagara Ave
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29th St

Unn amed St
American Legion Pl

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R4
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Cleveland Ave
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90
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Ramp

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Recovery Rd

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South Ave
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Foracc ur
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Weston Ave
15th St

Division Ave
ETH

D2-B
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Michigan Ave
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! ! ! ! ! ! ! ! ! ! ! ! ! !
BU CKLEYAVE

ELI

18th St

! ! ! ! ! ! ! ! ! ! ! ! ! !
AY

RAVE

! ! ! ! ! ! ! ! ! ! ! ! ! !

SONST
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Di sclai m er:Digit
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STCLAI

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Port
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STLAWRENCEAVE

Linwood Ave
! ! ! ! ! ! ! ! ! ! ! ! ! !

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nationalAirpor
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! ! ! ! ! ! ! ! ! ! ! ! ! !
! ! ! ! ! ! ! ! ! ! ! ! ! !

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Th eCi ty ofNiagaraFalls,N. [Link] es no responsi bili

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CRAWFORDPL
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t
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3rd Ave
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usef ulness ofany inf or

m ati
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Ver
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03.
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Robbins
Pierce Ave
Disn
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2nd St
New Rd
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2nd Ave
ELDST
BAMPFI

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ARMOU RYST Driveway

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ar
Whitney Ave
RD

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Ashland Ave Woodlawn Ave

GL

OTTERST E Elderberry Pl
AV

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13th St

Ca eek
MC

Elderberry Pl
ER
EP

LM
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Elmwood Ave
PA

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Forest Ave
MCRAEST

Blv
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AV
RT

DPL
NCAI

Main St
KI W Cree

Debbie Dr
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Roger Dr
HCI

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ES
Cedar Ave
ST

Main St
E Market St
RL

98th St
Via Tom Tedesco

Grand Ave
VE

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W Market St

Packar d Ct
MC Carol Ct
RI

DO
ROBERTSST U GALLCRES
An
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Caravelle Dr
TCHENERST
KI P
ST
Park Pl
Sewage

39th St
36th St
Pine Ave
34th St
33rd St
27th St

Niemel Dr

t
JO Richmond Ave

104th St
HN
20th St
NE

we

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Pine A
ST
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W

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97th St

99th St
H

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ST

Homestead Ave aD
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T
Rd
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Tu
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31st St

ST Ca
Lo

Chapin Ave a
rd ga r Demun
ST

sca
19th St

Townsend Pl

cka Nia da Av e
30th St
26th St

28th St

ro

ee
Walnut Ave
a

k
23rd St

P Mil-pin e Plz

Cr
Fashion Outlets Blvd

ra R
Sherwood Ave
Memorial Pkwy

z
16th St

d
Tronolone Pl

olt
Po

94th St
lv
gh

89th St
er

ting B

d
Mi
B
rta

lita
Ferry Ave
ge

Mooradian Dr

Bran d i
ry
Connec
Rd

Rd
9th St
6th St

7th St

Deuro Dr
Ely Ave ler Ct
Old C
a
Cay ug
yu
ga

Livingston Ave
aCr

D
Wilton Ave Tomson Ave
eek
Dr
25th St

Cayuga Dr

Brookhaven Dr
E

r
47th St

el
RA

AV
Gi

Byrd Ave

Mu
y
I

S
NB

ll Cr

Dudley Ave
L
wa

Scott A v
L

e
FA
Henry Ave Ct
O

Alley
W

21st St

Orleans Ave
iv e

eek

n
CL

aso
BR

Fort Ave Moschel Ct

I
FT

Dr
I

M
DG

12th St

Belden Pl Br oo
ON

Parking Lot y
E

8th St

10th St

ksid
Simmons Ave Kr u ll P kw

61st St
HI

Ra

5th St

eD

N
Monroe Ave Cay ug
LL

3rd St

aCr
inb

Osborne Ct r
2nd St

eek

Oak Pl
o

Webb Pl
4th St
w
Br

ad Charles Ave
g

Pine C
37th St

Ro Av e
t
38th St

Niagara St Jacob Pl
e Bollie r
14th St

Church Ave Shantz Ave Greenwal

dA
John Ave

90th St

Elaine Dr
ic

Niagara St Welch Ave Pear Ave ve

v
Ser

ct St Robinson C t

80th St
Black Creek D r

L a ughlin Dr

NM
Royal Ave

59th St

60th St
Granby Ave
1st St
Prospe

70th St
eek
Black Cr

85th St

ilita
Falls St
n g Lo t

96th St
Creeksid e D
Wendel Way

ry R
Par ki
John B Daly Blvd

hlin Dr

Girard Ave
Mayor Michael Olaug

Luick Ave Colv in Blv d

Col

82nd St
D ri
vin

d
v eway Entr a

Bl
Cudaback Ave
vd

D St

Goodyear Dr
Old Falls St
nce
Angelo Ct

66th St
Builders Way
Baker Ave
F St

r
71st St

74th St
73rd St

81st St
Wing Ct

79th St
Mackenna Ave h Ave

78th St
Duggan Dr C St

KiesC
rg
r

Kies Ave
dbe
sD

Kies St

75th St
Witkop Ave
B St Lin

92nd St

93rd St
ran

76th St
55th St
Allen Ave
te

E St

Tro Lindbergh Ave

Ve

lle Jayne Pl

Pas
G St

101st St
100th St
y Lo
ge

Rainbow Blvd

a
op

91st St
den
A St
Br id

Devlin Ave

eld
aA
Pershing Ave

72nd St
Alle
ian

Robert Sukmanowski Dr

ve

i
Read Av e

88t
Frontier Ave
tr

f
83rd St

84th St
Pedes

ge

own ofWh eat

86th St

87th St

h
Energy Blvd

77th St

95th St
d

S Hyde P

St
Br i

R am
nd

Acheson Dr

Munson Ave
Holly Pl
St

SM
rest
Isla

Ramp
Hillc

ilita
p

Mang Ave
Whitney Pl

R iv e ry
ark Blvd
t

Ni D upont Dr
Goa

ag r way Rd
a Wheatfield Ave

56th St
Stephenson Ave
Par k
ra R

t
ois S
ay

rv t
a te

a tio n S
e
Ex it W

102nd St
Goa t Isla

57th St
se

Walkway
58th St
u
d

Iroq
nd R

T
Jennifer B o

l Opas
t
king Lo

Interstate 190
Par
dL Alley

o ria
lender Mem

Bu ffa
oo p lo

62nd St
Av e Ave
t Isla
n

63rd St
Rd Poin

S8
a
Go Fron
Niagara Scenic Pkwy Water Fowl Viewing Area

8th
Res Edison Ave tleNi
t agar
aRi
tie
Road

Li v
r Av
er
t A r ea
ea
Walkw a y

St
Ar

e
cting

65th St
rk ing

Troy Ave
Pa

67th St
Conne

68th St

S8
69th St

7th S
GoatI
sland
Center St

LaS
Driv e w ay

103rd St
lle E

t
Joliet Ave xpy
Perry Ave

Driveway
S 84th St

S 86
r

S 91st St
r a R iv e
53rd St

a
Fro

a g
nt

Griffon Ave

i
ier A

U pp er N
v

th S
e

S 67th St
e Dr
Vall

t
Hennepin Ave

102nd St
LaS

S 89th St
alle
ver

Cou
aRi
E xp y
tt agar
leNi
Li

ncil
r
shor e D Champlain Ave
W Riv er
Th r
eeSi
ster
sIsland

S 93rd St

St
Riv
er R
d

way
To Gr
andI
sland
ildw

ve
Rivershore Dr

W
Dri

ood Pkwy
NI
AG
AR
Cay ugaI
sland
A
PK
Y
3058 3062 3066 3068 3070 447 3223 3607
3640 3803
3219 3611 3617 3621 3327
437
435
456 433
433 3624
3057 452 3208 3220 3228 429
427
448
3610 423
3604 422
3487
442
3215 3639 418 417
438
423
3219 3225 3233 3229 3627 414 413
432
417 410 411
3328
411 408
3432 405
3619 3324
3214 3218 402
422 409 401
3428
3057 418

414
Simmons Ave
3701 360
357
407 356
3064 3305 355
3084 3525 352 353
351 346
347 344 347
344 343 340
341
327 342 341
338
336 335
335
332 331
Church Ave 329
328 329
325 3317 326
325 327
323 324 319
321
3321 319 1/2
3085 321
317 316
317
313 313
311 312
320 311 311
309 3340 308
3320 3334 303
301 304
302 301

Royal Ave
3229
316

300 297 3315 3401 3415 3501

3228
3224

287

281
3314 3318 3324 3330 3334 3340 3344 3350 3356 3360 3364
277
3061
298 271

7
298 1/2 9 261
11 3317
150 13 3335
15
17 257
19
21
23 253
277

Schedule 12:
2 249
4 39
6 273
8 245

16
14
12
10
Setback Requirements
3316
3332
3340
18 32
129 20 3336
26
24
22
7
3 31 Min = 0' / Max = 10'
3344 3348
28 9

32
13
11
Min = 10'
17
19
34
25
21 29
None
36 27
2 221
38 29
6 27
8 3323
40 31 10 1 inch =215
200 feet 3329 3335
3339 3345
14 3351
42 23 0 100 200 300
26 211
28 16 Feet
37 35 15 7 207
13 5 21 For accurate interpretation of boundaries, refer to the City’s GIS system.
60 Disclaimer: Digital files are based on data from 3314
various sources.
3322 The City of Niagara Falls, N.Y.
56 52 50 203 liability for the accuracy, completeness, reliability, timeliness,
assumes no responsibility or legal
46 40 38 34 28
or usefulness of any information presented. ver.10.10.18
18 14
 447 3640
3803
437 3219 3223 3607 3611 3617 3621 3327
435
456 433
433 3624
452 3208 3220 3228 429
427
448
3610 423
3604 422
3487
442
3215 3639 418 417
438
423
3219 3225 3233 3229 3627 414 413
432
417 410 411
3328
411 408
3432 405
3619 3324
3214 3218 402
422 409 401
3428
3057 418

414
Simmons Ave
3701 360
357
407 356
3064 3305 355
3084 3525 352 353
351 346
347 344 347
344 343 340
341
327 342 341
338
336 335
335
332 331
Church Ave 329
328 329
325 325 326 327
323 324 319
3317 321
3321 319 1/2
3085 321
317 316
317
313 313
311 312
320 311 311
309 3340 308
3320 3334 303
301 304
302 301

Royal Ave
3229
316

300 297 3315 3401 3415 3501

3228
3224

287

281
3314 3318 3324 3330 3334 3340 3344 3350 3356 3360 3364
277
3061
298 271

298 1/2 7
9 261
150 11 3317
13
15 3335
17 257
19
21
23 253
277
2 249

Schedule 13:
4 39
6 273
8 245
10 3316

18
16
14
12
Maximum Building Heights
32
20 3332 3336
129
26
24
22
7
3 31
Height Requirements
3340 3344
3348
28 9

32
13
11
Max = 45'
17
19
34 21 29 Max = 35'
25
36 27
2 221
38 29 27
6
8 3323
40 215 3329 3335
31 10 3339 3345
14 1 inch = 200 feet 3351
42 23
26 0 100 211 200 300
28 16
37 35 Feet
15 7 5 207
13 21
For accurate interpretation of boundaries, refer
3314to the City’s GIS system.
56 203 on data from various3322
Disclaimer: Digital files are based sources. The City of Niagara Falls, N.Y.
52 50 46 40 assumes no responsibility or legal liability for the accuracy, completeness, reliability, timeliness,
38 34 28 22 18 6
or usefulness of any information presented. ver.10.10.18
 Schedule 14:

Cir
Niagara Falls International Airport

·
Lafayette
Canada
d
eR

Penn St
and U.S Air Reserve Station:

r
vic

ce D
ek
Lafayette Ave T
o Lew
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Airport Protection Overlay Zone
e Rd ing

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k rk
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il
in

G
Lot

Pa
e
0 0.
25 0.
5 0.
75
M
ckinley Ave
Norwood Ave
Rapids Blvd Garrett Ave Delaware Ave Mi
l
es Ver.
20.
07.
06
James Ave
Di sc l
aim er:Di
gitalf i
l
esare bas edo ndataf ro m vari o uss o urces .Th e Ci ty o fNi ag araFal ls,N. Y.
Morley Ave
Roselle Ave Maryland Ave as s um esno res p o nsi
bi
lity o r leg all
i
abili
ty f
o r th e acc urac y,c om pletenes s,rel iability,ti
m eli
nes s ,
Maple Ave o r usefulnesso fany i nf
o rm atio np [Link] r i nterp retatio n,refer to th e Ci ty’sGI SCo o rdinato r.

n Dr
Car roll St

Branc
Cliff St

h Gil
Bell St
Vanderbilt Ave lC

d so
Massachusetts Ave
ree
k
Hu
College Ave
gara Sc cPkwy

§
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a u x St
Lewiston Rd

lege Ter I - 190

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igh
eni

Dela ncey Rd

New Jersey Ave

eve

h
Dorchester Rd
ux

on k l em

W
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oods D r
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ko Mac

ek
Av

Rhode Island Ave

48th S t
ort Rd

nt

l l C re
Nia

Virginia Ave Lockp

ers
hlan

Clifton St

tat
Tennessee Ave
17th St
Mc

r
Gi

e1
Findlay D
Hig

21st St

90
ey

t
S

Histo ri
cUS Beech Ave
ll

23rd St
St A

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Park
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lkw

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9th

Hawthorne Pl
Garden Ave B
Spring

view
&Trai nStati
on

ra
ay

Hyd
St eek
Ma in S

Center Ave
rt
St

lC

Dr
po e Par Gil
Fairfield Ave
W hirlpool ck

r
Grove Ave
14th St

Lo Seneca Ave
t

Bridg e
k Blv
Depot Ave
Jerauld Ave T
o w no fNi
ag ara Cayuga Cree k

35th St
ve
Bridge A North Ave
Whirlp oo

32nd St
Niag ara Ontario Ave

Fall
s,
Niagara Ave 29th St Niag araFal l
s
18th St

Porter Rd
l St

Cleveland Ave
I
nternatio nal
Airp o rt
22nd St

Ontario South Ave

16th St
15th St

Lot
er

r ki n g

Pa
Weston Ave
13th St
Riv

10th St

Michigan Ave
8th St

Linwood Ave
27th St
24th St
a ra

Willow Ave
Protection Zone §
¦
¨
t

I - 190
11th S

Pierce Ave
Niag

New Rd
Orchard Pkwy Whitney Ave
R o bb

Chilton Ave La Salle Ave Alley

Ashland Ave ns
Woodlawn Ave
i
20th St

Elmwood Ave
Rainbo w
Dr

Forest Ave d
R Cayuga Cr e
W Market St

Spruce Ave
E Market St

ard

ek
Bridg e

Caravelle Dr
Packar
t Rd

Independence Ave ck
19th St

Driveway
Cedar Ave dC
17th St

Pa

Main St
Grand Ave t
n

Haeberle Ave
Park Pl

Benjam in Dr
Sewage Pla

Pine Ave

Pl
36th St

in
39th St

Mi
Tronolone Pl

Marine Memorial Dr

ua
Pine Ave

Q
Zito Dr
Walnut Ave

Tu
l i ta
Niemel Dr

sc

104th St
Chapin Ave

ry

99th St
28th St

St

ar o
30th St

Nia

97th
Rd
Sherwood Ave ga Saint Johns Pkw y
6th St

ain ra F

ra
St

lvd
Ferry Ave alls Demu nd a Ave

R
M

in g B
Blvd
Dr
Mil-pine

89th St
y

Livingston Ave Ely Ave Mooradian Dr Driveway

98th St
wa

Byrd Ave
uga

Connect
Wilto n Ave
47th St
21st St

Plz
26th St

lvd
Memo rial Pkwy

23rd St

25th St

Dr
9th St

Cay ller Ct

94th St
Dudley Ave
7th St
i ve

Orleans Ave
5th St

ls B

96th St
Fort Ave
2nd St

86th St
Henry Ave
ra Fal ey

Deuro
Monroe Ave

59th St
Niaga
e
32nd

60th St
61st St
Simmons Ave All wy r
38th St

Niagara St
M

D
14th St
12th St

Kru ll P k e Dr

Parking
St

37th St

Oak Pl
John B Dal y Blvd

Welch Ave Av
Pr o spect St

son
John Ave Bol lier
Charles Ave

79th St
Lot
Ma

Pasadena Ave
78th St
3rd St

77th St
Royal Ave

72nd St

NM
56th St

70th St

73rd St
4th St

Falls St

90th St
1st St

Sha ntz Ave

B uilders Way
Cudaback Ave

li n Dr

ilita
Gira r d Ave
Po

85th St
t
D S St

Creeksi d e Dr
Dugg an Dr Black C r e e k
F St

Mackenna Ave Rd
rt

ry

d
Luick Ave Colvin Blvd
10th St

gh
ro
C Baker Ave

el
age

St

71st St
LWu
lle

74th St
Allen Ave
T

B St

81st St
yL
Kies Ave

i
G St

K i es
Rd

oo

66th St
E St

Rainbow Blvd
55th St

o w no fW h eatf
92nd St
Ct Kies St
Bu i tk op Ave

h
p

87t
ffal Alley Buffa lo Ave A St
o Ave Devlin Ave Lindbergh Ave 5th

76th St

100th St
Gill Creek

101st St
Jayne Pl
Parking Lot

Aches on Dr

9
75th St

88t
Energ y Blvd Frontier Ave
Ra m

80th St
Pershing Ave

82nd St
S Hyde Par

91st St
R iverway

St
Du po n t D Rea
p

St
Rd
Munson Ave
r

op
St

dA
Ramp Ste

93rd St
Mang Ave SM
phenson AvLaSalle Expy
uo is
k Blvd
Lo

Alley
57th St

ve
Go a t Isla n d D
58th St

ilit
r
Iro q

a ry
62nd St

Res
63rd St

Rd
R
t Areaamp

102nd St
iveway
Fro
Go atI
sland Edison Ave

T
n
53rd St

e tier
BridalVei
l& iaga
65th St

Av i tt le N ra River
67th St

Troy Ave Ave

68th St
Drivew

69th St L
Am eri
canFall
s Perry Ave LaS

t n
al

S 86t
et Ave
Niagara River J oli Bu le Exp

Po i
ay
Niag ara Scenic Pkw y Griffon Ave ffa y
Interstate 190

Dr

Co
lo A

hS
le Hennepin Ave
Val ve

un
t
ho re Dr

cil
W Rivers Champlain Ave

St
No rth GrandI sl
andBri
dg e Riversho r e Dr
(to /
fro m Buf
fal
o)
 Schedule 14-B
NFTA
Niagara Frontier Transportation Authority
Niagara Falls
International Airport

- Airport Airspace Plan -

NFTA Project No 31NG1203

Drawing # CT105